Living in the Hudson Valley, passenger and commuter trains are essential in bringing workers to and from New York City. Most of these trips include travel for work. They are also essential for recreational travel to other areas of the state and country. As these trains carry passengers, the Courts have established rules pertaining to the duty of these railroad as “common carriers”.
The Courts have long recognized that a common carrier must keep and maintain the transportation vehicle safe. With trains, it means that the railroad company must keep train cars safe for all passengers. Further, the courts have established that the duty of common carriers to passengers also extends to means of safe ingress and egress or safety in getting on or off passenger cars. This means that “common carriers” have a further duty to see that passengers safely get on and off trains. Of course, the duty to passengers includes safe transportation and this means that trains must perform timely maintenance, inspection and repairs. These areas of train safety include operational signals, track safety, platform maintenance and inspection. Other areas of safety include operation of train at safe speeds and maintenance and inspection of all those components which would provide safety travel for all passengers.
If you are injured in a train accident or injured on or near a train platform or walkway, you should consult with an attorney early on. Timely investigation and follow up on the causes for injury are very important to the potential outcome.