Legal Question in Personal Injury in California

Om Sept 21st 2022, as a passenger while riding the local bus transit, I suffered 2nd degree burns to my buttocks. The injury was caused by caustic material spilled on the seat. I immediately sought medical attention which to date has cost approximately $1800. i will be left with scars. Damage to clothing etc. $200. I am in the process of filing a formal written claim which is being requested by the transit agency through their representative PERMA. I am concerned as their Rep told me that "probably even after submitting my revised claim "IT WOULD BE REJECTED". something is wrong here.

Asked on 12/23/22, 7:34 am

2 Answers from Attorneys

Robert Kane Law Offices of Robert D. Kane, Jr.

The big question is, who caused the spill?

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Answered on 12/23/22, 9:45 am
Timothy McCormick Haapala, Thompson & Abern, LLP

Transit agencies are not automatically responsible and liable for everything that happens on a bus, any more than the city is responsible for every accident or injury. on the streets. Unless the transit agency was responsible for the caustic material being there, or knew of the dangerous condition on the seat and did nothing about it, they are not legally responsible for it. If someone had poured the caustic substance on a park bench and you sat in it the city wouldn't be liable unless they actually knew, or somehow obviously should have known, that it was there. The same law applies to the bus seat.

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Answered on 12/24/22, 10:14 am

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