Home Blog Premises Liability California Premises Liability: Who’s Liable If You Are Injured On A Bus, Train Or Subway Station? SAN DIEGO, CALIFORNIA, US - MARCH 13, 2007: People outside the San Diego Convention Center in San Diego California, US on March 13, 2007. It is located at downtown San Diego near the Gaslamp Quarter.

California Premises Liability: Who’s Liable If You Are Injured On A Bus, Train Or Subway Station?

By Aline Miranda on July 12, 2018

You never know what is going to happen when you are at a bus station or subway platform. Certainly, all of us hope that we will arrive at our destination safely, and that is what happens in 99 percent of the time, but let’s not ignore the fact that slip and fall and other premises liability accidents do happen on bus stations and subway/train platforms.

But who can be held liable for your injuries on bus and subway stations in San Diego and elsewhere in California? More often than not, establishing the liable parties in your particular case cannot be done without the help of a San Diego premises liability attorney.

Usually, the more parties you can sue, the more money you can recover. In most cases, the city or municipality will be held responsible for your injuries caused at a bus station or on the subway/train platform.

Public vs private entity: Who is responsible for your injuries?

When bringing a personal injury lawsuit against San Diego after you slipped and fell on a train or subway station, it is vital to establish whether or not the city owns and controls the area. If it does, you could be entitled to pursue compensation, as the owner of the property is legally required to regularly inspect and adequately maintain the premises to make it safe for the visitors, licensees and invitees.

If your San Diego slip and fall accident was caused by a third party, who pushed you or spilled liquid on the floor prior to the accident, you may not be able to sue the city or municipality for your injuries caused on a subway or train station unless the city’s negligence contributed to the accident.

“However, not all subway and train platforms and bus stations are under the jurisdiction of the city or municipality,” warns our experienced premises liability attorney in San Diego. That is why it is critical to establish what private or public entity has responsibility for the premises where the accident occurred.

Parties that can be held liable in San Diego

Medical bills after a slip and fall accident can range from tens of thousands to hundreds of thousands of dollars, something that is not affordable for the vast majority of people in San Diego and elsewhere in California. If you were not at fault for the accident, you may be eligible to receive compensation by suing the at-fault party.

Here is the list of the parties who can potentially be held liable for injuries that occur at bus stations, on subway and train stations in San Diego:

  • San Diego Metropolitan Transit System;
  • The San Diego Coast Express Rail (COASTER);
  • Metrolink;
  • San Diego Trolley;
  • And several others.

Depending on the specific bus station, train platform or subway platform on which you get injured, you may be entitled to sue different public or private entities.

What do you need to prove to get compensation?

In order to file a premises liability lawsuit, you will have to establish the following elements:

  1. The owner of the property on which you were injured owed you a duty of care;
  2. The owner of the property breached the duty of care due to a negligent or reckless act, or omission to act (failure to ensure a safe and clean environment free of any potential hazards);
  3. The owner of the property was either aware of the dangerous condition which caused the accident or created the dangerous condition through his/her own negligence;
  4. The breach of duty was a primary or secondary cause of your injuries.

If you sustain injuries while riding a bus, train or subway, on the other hand, several other parties may be held liable as well. Apart from the public or private entity operating the mode of transportation on which you were injured, you may be able to sue:

  • The driver;
  • Other passengers;
  • The company operating the bus, train or subway;
  • The manufacturer of the bus, train or subway;
  • Other transportation authorities.

Consult with our San Diego premises liability attorney from the Eugene Bruno & Associates to establish liability in your particular case and determine the cost of your damages. Call our offices at 888-278-6688 or fill out this contact form to get a free consultation.