Pollack v. New York City Transit Authority, 8 N.Y.3d 91 (2006)
In a negligence action against a common carrier for injuries caused by defective equipment, the plaintiff must demonstrate that the carrier had actual or constructive notice of the defect.
Summary
Plaintiff Pollack was injured on a New York City bus when a metal strap she was holding onto came loose. She sued the bus operator, alleging the strap was defective. The defendant requested the jury be instructed that liability required actual or constructive notice of the defect. The trial court refused, instructing the jury that the carrier is “charged with knowing” dangers from faulty maintenance. The jury found for Pollack. The New York Court of Appeals reversed, holding that after Bethel v. New York City Tr. Auth. (92 NY2d 348, 351 [1998]), a common carrier is not an insurer and is liable only if it knew or should have known of the defect.
Facts
Pollack, unable to find a seat on a New York City bus, grabbed a metal strap for support. The strap slid out of position when the bus moved, causing injuries to her shoulder and hand. She sued the New York City Transit Authority, claiming the strap was defective.
Procedural History
The trial court refused the defendant’s request to instruct the jury on actual or constructive notice. The jury returned a verdict for Pollack, and the Appellate Division affirmed. The New York Court of Appeals granted leave to appeal and reversed the Appellate Division’s order.
Issue(s)
Whether, in a negligence action against a common carrier for injuries caused by defective equipment, the trial court erred in refusing to charge the jury that the plaintiff must prove the carrier had actual or constructive notice of the defect.
Holding
Yes, because a common carrier, like any other defendant, is not an insurer of the safety of its equipment and can be held liable for defects only if it knew, or with reasonable care should have known, that the equipment was defective.
Court’s Reasoning
The Court of Appeals relied on its prior decision in Bethel v New York City Tr. Auth., which realigned the standard of care for common carriers with the traditional negligence standard of reasonable care under the circumstances. After Bethel, a common carrier is not an insurer of passenger safety. Quoting the court, “It follows from Bethel that a common carrier, like any other defendant, is not an insurer of the safety of its equipment; it can be held liable for defects in the equipment only if it knew, or with reasonable care should have known, that the equipment was defective”. The court found that the trial court’s instruction that a bus company “is required to know, and is charged with knowing the danger of its passengers from faulty maintenance” was misleading. This instruction suggested the carrier had a special, heightened duty of care, contrary to Bethel. The Court also pointed out that the trial judge himself misstated the law when he said that, once a defect is established, the burden shifts to the defendant to show they could not have discovered the defect with due care. The court recommended that future trial courts should avoid using the first sentence of PJI 2:164 because it implies a special duty of care for common carriers. The court remanded for a new trial, finding sufficient evidence for a jury to decide whether the defendant adequately inspected the bus and whether the defect was readily observable.