Product liability cases consist of negligence, strict liability and breach of warranty:
Negligence – you must show that the bus company, in this example,
had a duty to its
passengers to keep them safe
- Strict liability – you must show that the bus was not safe and caused injury and death
Breach of warranty – you must show that the bus caused injury and
death through a failure,
such as the brakes
Did you hear about the tour bus that crashed near Yucaipa several months ago? Investigators with the National Transportation Safety Board stated that all the brakes on that bus were defective. They are saying that if the bus had been stopped for a roadside inspection, it would have been removed from service.
The fatal accident happened when the tour bus careened off the road, killing seven passengers.
Apparently the bus was scheduled for its annual inspection about a month before the accident occurred; it never took place. It is the legal responsibility of the bus company to ensure that their vehicles are in proper working condition. When they fail to properly maintain their vehicles, they put passengers in grave danger. They are responsible for the safe transport of their passengers
One of the most common causes of bus accidents is mechanical failure, resulting in catastrophic injuries.
In cases where negligence on the part of the bus company caused the accident, injured or killed passengers, victims or families of victims, can seek compensation for damages, including medical expenses, funeral expenses, hospitalization, lost wages, rehabilitation, pain and suffering and emotional distress.
Families of deceased victims can file a wrongful death claim seeking compensation for their losses as well. If you or a loved one has been a victim in a bus accident, contact an experienced personal injury lawyer who has successfully handled bus accidents, and helped hold negligent bus companies accountable.
Contact the San Bernardino personal injury attorneys at Welebir Tierney & Weck for the compensation and attention you need and deserve.