Earlier last month, an appellate court issued a written opinion discussing whether a casino has a duty to protect passengers as they board a free shuttle operated by the casino. In the case, Huang v. The Bicycle Casino, the appellate court determined that the lower court erred when it held, as a matter of law, that the defendant did not owe the plaintiff a duty of care to prevent other passengers from trampling her as she was boarding the bus. Although the court did not reach a final decision on whether the casino was acting as a common carrier, the language used by the court indicated its willingness to consider the issue in future cases presenting similar facts.
Huang was planning on visiting the defendant casino. To get there, she planned to take a free shuttle offered by the casino. However, she was not alone in her desire to use the free shuttle. In fact, there were between 40 and 70 other people waiting for the same shuttle, which only had 40 seats.
The casino did not do anything to ensure the orderly boarding of the shuttle, and the shuttle stop was described as chaotic by those present. As the shuttle approached, the crowd ran toward it with many people trying to board at the same time. As Huang approached the shuttle doors, the crowd surged and caused her to slip. As a result of her fall, she sustained a serious injury. She subsequently filed a personal injury lawsuit against the casino.
The Court Finds a Duty Exists to Protect Passengers
The plaintiff’s case was dismissed by the trial court, which found the casino did not have a duty to ensure the safe boarding of the shuttle. However, on appeal, the case was reversed. The appellate court based its opinion on the fact that, even under a traditional negligence analysis, there was a duty placed on the casino to ensure that the passengers of the shuttle could board the bus safely. The court continued to discuss whether the casino was acting as a common carrier, which would have placed an even higher duty on the casino. However, since the court based its decision on the traditional negligence analysis, there was no need for the court to reach the common-carrier question.
Have You Been Injured in a Car or Bus Accident?
If you or a loved one has recently been injured in a bus or car accident, you may be entitled to monetary compensation. This may even be the case if you were not required to pay to board the shuttle. However, every case is unique and should be individually evaluated by a skilled personal injury attorney. Miller Legal Services is a Georgia-based personal injury law firm with decades of experience handling all kinds of injury cases, including those arising from traffic accidents. With our dedication and experience behind your case, you will feel confident pursuing the compensation you deserve. Call 770-284-3727 today to set up a free consultation.
More Blog Posts:
Appellate Court Takes a Second Look at Employer Liability in Car Accident Case, Marietta Personal Injury Lawyer Blog, October 17, 2016.
Georgia Slip-and-Fall Plaintiff’s Case Dismissed Based on Defendant’s Lack of Knowledge of the Hazardous Condition Causing Plaintiff’s Fall, Marietta Personal Injury Lawyer Blog, November 2, 2016.