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Bus Company’s Duty of Care Did Not Include Keeping Steps to the Bus Dry and Free of Snow During a Snow Storm

Reversing Supreme Court, the Second Department determined the defendant bus company could not be held liable for a slip and fall on wet steps on a bus during a snow storm:

“[A] common carrier is subject to the same duty of care as any other potential tortfeasor—reasonable care under all of the circumstances of the particular case” … . Here, contrary to the Supreme Court’s determination, the defendant demonstrated its prima facie entitlement to judgment as a matter of law by showing that it did not breach any duty to the plaintiff under the circumstances that existed at the time of the accident … . Given the inclement weather conditions when the accident occurred, “it would be unreasonable to expect the [defendant] to constantly clean the steps of the subject bus” … . Batista v MTA Bus Co., 2015 NY Slip Op 05430, 2nd Dept 6-24-15

 

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Elements of Negligence, General Business Law 349 and Tortious Interference with... Defendant Entitled to Summary Judgment–No Notice of Wet Condition Where...