Is A Taxicab Liable For Injuries Suffered While Entering Or Exiting The Cab?A taxicab is a common carrier and therefore bound to exercise the highest degree of care for the safety of its passengers. However, a taxicab is not an insurer of the safety of its passengers, and therefore will only be liable when there is a breach of duty. Therefore, the question of taxicab liability usually turns on whether the taxicab violated its duty to the passenger and whether the negligence was the cause of the passenger's injuries.
Duty To Stop In A Reasonably Safe PlaceA taxicab has a duty to stop or park at a place which is reasonably safe for entering and exiting the vehicle with regard for the surrounding circumstances and conditions. When a taxicab driver stops in a hazardous position or location which subjects passengers to the risk of injury, they have violated their duty of reasonable care. Such cases frequently involve the situation where the taxicab stops or parks to receive passengers in violation of traffic regulations or safety rules and either the taxicab or a boarding passenger is struck by another motor vehicle.
Duty To Assist Passengers Entering Or Exiting The CabGenerally, a cab driver has no duty to assist passengers entering or exiting a cab. However, the duty to assist can arise if a passenger requests assistance or their fragile condition is readily apparent. For example, one court found a driver liable because he failed to help a young woman who had a bundle of groceries in one arm and a pocketbook and package in the other. Instead of helping the woman, the driver stayed in his seat and opened the front door for her. The woman slipped while getting in the cab and suffered injuries to her back. In finding the cab driver liable for her injuries, the court stated that she demanded the driver's attention because it was dusk and she had bundles in each arm.
Injuries From A Defective Condition In The TaxicabSometimes passengers are injured due to defects or improper maintanence of the vehicle. For example, one taxicab was found liable for allowing ice to accumulate on the running boards. The driver failed to help a woman into the cab and parked at such an angle to make use of the running boards necessary. When the woman stepped on the icy running board, she slipped and struck her head, causing paralysis to the right side of her face.
Should I Consult An Attorney About Taxicab Liability?If you have been injured in a taxicab, you should contact a personal injury attorney immediately. An attorney can help explain the law and your rights so that you can recover damages for your injuries. |
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