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New York Adopts Duty of Reasonable Care Standard for Common Carriers
Description New York's high court dropped the century-old rule of a duty of extraordinary care for common carriers and adopted the more prevalent rule of ordinary duty of care under the circumstances.
Topic Torts
Key Words Duty of Care, Common Carriers
C A S E   S U M M A R Y
Facts Bethel was injured while riding a New York City bus. When he sued, the issue arose as to the proper duty of care owed by a common carrier. The rule in New York had been that a common carrier owed a duty of extraordinary care.
Decision "We conclude that the rule of a common carrier's duty of extraordinary care is no longer viable. Rather, a common carrier is subject to the same duty of care as any other potential tortfeasor- reasonable care under all of the circumstances of the particular case."
Citation Bethel v. New York City Transit Authority, Slip Copy (1998 WL 718344, Ct. App., N.Y.)
681 N.Y.S.2d 201 (Ct. App., N.Y., 1998)

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