If you have been injured as a passenger on a METRA train or platform, it is important to know your options when it comes to pursuing compensation.
As a governmental entity, is METRA immune from injury lawsuits?
No. Not in all circumstances. While METRA is generally covered by the Illinois Tort Immunity Act, which holds certain governmental entities like METRA immune from liability, the immunity is limited when it comes to most passenger injuries. Situations in which METRA can be held liable for injuries are:
- Willful or Wanton Conduct: If METRA or its employees engage in willful or wanton conduct (i.e., intentional or reckless actions), immunity may not apply.
- Negligence in Certain Areas: Immunity does not apply in all instances, especially when negligence causes harm. For example, there might be cases where METRA could be held accountable for unsafe practices that lead to accidents, depending on the facts.
- Claims Against METRA Employees: Employees of METRA might be subject to lawsuits for actions outside the scope of their official duties or in cases of personal negligence.
If a passenger is injured in one of these situations, the law in Illinois is very favorable to Plaintiffs.
Understanding the Highest Duty of Care for Common Carriers in Illinois
In Illinois, as in many states, common carriers are held to a unique and high standard of responsibility when it comes to the safety and well-being of their passengers. Whether it’s a bus, train, or taxi service, common carriers have an elevated duty of care that sets them apart from other businesses. But what exactly is this duty, and why does it exist? In this blog, we’ll break down the concept of “highest duty of care” and explore what it means for both the carriers and their passengers under Illinois law.
What is a Common Carrier?
A “common carrier” is a business or entity that transports goods or people for a fee. In Illinois, common carriers include entities such as:
- Public transportation services (buses, trains)
- Taxi and rideshare services (Uber, Lyft)
- Airlines and other forms of commercial travel
The key characteristic of a common carrier is that they offer services to the general public, rather than on an exclusive or private basis. As such, they’re often heavily regulated to ensure the safety of the individuals they serve.
The Highest Duty of Care Explained
Under Illinois law, a common carrier owes its passengers the highest degree of care. This means they are required to exercise the utmost caution and diligence to prevent harm. The legal standard for this duty is more stringent than that for ordinary businesses or individuals who only owe a duty of “reasonable care” to others.
What Does the Highest Duty of Care Involve?
The “highest duty of care” can be broken down into several key responsibilities:
- Reasonable Safety Measures: Common carriers are obligated to ensure that their vehicles, stations, and other facilities are in safe condition for use. This includes regular maintenance, inspection, and repairs to prevent accidents or injuries.
- Skilled and Trained Staff: Employees of common carriers, including drivers, conductors, and operators, must be properly trained and equipped to perform their duties safely. This includes training on safety protocols and emergency procedures.
- Prompt Assistance in Emergencies: If an emergency situation arises, common carriers must respond promptly and effectively to protect passengers from harm. Whether it’s a mechanical failure, accident, or medical emergency, quick action is crucial.
- Adequate Security Measures: Passengers must also be protected from harm caused by criminal acts or negligence from other passengers. Common carriers need to have appropriate security measures in place, such as surveillance, personnel, and procedures for dealing with disruptive individuals.
- Clear Communication: Common carriers are expected to communicate any potential hazards or delays effectively to their passengers. Whether it’s informing passengers of weather delays, route changes, or emergency situations, proper communication is key.
Why Does Illinois Impose Such a High Standard?
The rationale behind this high standard of care is simple: common carriers are in a unique position of control over the safety and security of their passengers. They are responsible for transporting people who may not have control over their environment and must rely on the carrier for protection. In return for paying for their service, passengers expect that their well-being will be prioritized above all else.
Legal Implications of the Highest Duty of Care
If a common carrier, like METRA, breaches its duty of care, passengers may have grounds for a lawsuit under personal injury law. Common carrier liability extends to injuries or harm caused by:
- Negligent operation of the train
- Failure to maintain safe conditions at stations or on trains
- Accidents caused by an unqualified operator
- Failure to act in an emergency or provide adequate security
When METRA is found to have breached its duty, it can be held liable for the damages suffered by the injured parties, including medical expenses, lost wages, pain and suffering, and other damages related to the incident.
Recent Case Law and Court Interpretations
Illinois courts have consistently upheld the concept of the highest duty of care owed by common carriers. In several rulings, the courts have emphasized that common carriers must take extraordinary steps to ensure safety and prevent injury. For example, in cases where a passenger is injured due to a carrier’s failure to maintain proper vehicle maintenance or act swiftly in an emergency, the courts have found in favor of the passenger, awarding significant damages.
In Illinois, common carriers like METRA bear a significant responsibility for the safety of their passengers. The “highest duty of care” requirement means that they are expected to go above and beyond the normal standards of care to ensure their passengers are protected from harm. From providing secure transportation to quick responses in emergencies, common carriers must consistently meet high standards. Passengers who are injured due to the carrier’s negligence can seek legal recourse to recover damages, further emphasizing the importance of this duty in ensuring safety for all.
For passengers, knowing their rights and the level of responsibility a common carrier holds can make all the difference in navigating an unfortunate situation. If you were injured on a METRA train platform, contact us today for a free consultation.
