Is a public transit authority liable for injuries that occur after a passenger disembarks?

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📖 Case Summary: Lans v CDTA

In this recent Appellate Division, Third Department case, the plaintiff was injured while crossing a street mid-block after being dropped off by a Capital District Transit Authority (CDTA) bus. The location of the drop-off was a key factor in the case. The plaintiff alleged she had a disability, which was not specified in the decision.

⚡️ What Happened:

• The plaintiffs sued the driver who struck her, the driver who waved her across the street after you disembarked from the bus, and the CDTA.
•  The CDTA sought summary judgment, arguing that (1) it owed no special duty based on the plaintiff’s disability; and (2) it had fulfilled its obligations by stopping next to a sidewalk.

📝 Court’s Ruling:

• The Court dismissed the special duty claims.
• The Court held that the negligence claim against the CDTA was viable because there was a triable issue of fact about whether the drop-off location was reasonably safe.

✅ Key Legal Takeaways:

🔹 Common Carriers must not just “drop off” safely—they must do so in a location that reasonably ensures passenger safety post-disembarkation.

🔹 Proximate Cause was not cut off by the plaintiff crossing mid-block. The Court found that such conduct could be foreseeable, not so extraordinary as to break the causal chain.

🔹 Conflicting Expert Testimony matters. Plaintiffs’ expert said the bus stop was too far from a crosswalk and lacked safe pedestrian infrastructure. CDTA’s expert disagreed. That conflict created a question for the jury.

🎯 Why This Case Matters For:

💼 Claims Adjusters & TPAs
– Do not assume liability ends when the passenger steps off the bus.
– Analyze infrastructure, distance to safe crossings, and foreseeability when evaluating riders’ exposure.

⚖️ Defense Counsel
– Look for material issues of fact related to location of drop off with public bus transportation and foreseeability of danger.
– Do not rely solely on “safe stop” defenses; evaluate sidewalk condition, distance to crossings, and local signage.

📢 Final Word:

Even when a carrier meets its technical stop criteria, liability can still arise based on what happens next. This case underscores the importance of location, infrastructure, and foreseeability in common carrier litigation.

👉 For more legal insights tailored to insurers and risk managers, visit New York Civil Law for hundreds of case summaries — Case Summaries & Legal Updates. Clearly Explained