What liability does a common carrier have for passenger injuries in NY?

What the Law Says

New York law imposes a heightened duty on common carriers toward their passengers — significantly greater than the ordinary 'reasonable care' standard applied to most defendants.

Under New York common law, a common carrier — such as a bus company, subway operator, or taxi service — is required to exercise the 'highest degree of care' for the safety of its passengers. This standard applies from the moment a person begins boarding until they have safely alighted.

The carrier’s duty includes maintaining safe vehicles, hiring competent personnel, providing adequate warnings, and responding appropriately to foreseeable hazards. Failure to meet this standard — even if only a 'slight' deviation from it — may result in liability for passenger injuries.

This elevated duty reflects the public interest in safe transportation and the passenger’s reliance on the carrier’s expertise and control over the environment.

Statutory Text

A common carrier of passengers is bound to exercise the highest degree of care consistent with the practical operation of its business.

— PJI 2:152 — New York Pattern Jury Instructions, Common Carriers

What Courts Have Said

New York courts consistently enforce the 'highest degree of care' standard and hold carriers strictly accountable for lapses that contribute to passenger injury.

What to Do

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