Greyhound Potentially Liable for Lack of Bus Seatbelts

July 2, 2009

A Federal Court judge in Sacramento, Calif., has ruled that Greyhound could be liable for failing to put seatbelts on its buses. In this case, the plaintiffs were eight passengers who were traveling on a Greyhound bus that was involved in a rollover accident on the I-5 Freeway. The passengers, who were severely injured in the accident, claim that their injuries could have been prevented had Greyhound equipped its buses with seat belts.

Greyhound sought to have the case dismissed arguing that Federal law preempted the passengers' state law claims. Specifically, Greyhound argued that because the Federal Government does not require seat belts on buses that any state court action based on the failure to install seatbelts was preempted by the Federal Government's inaction.

In its ruling the court rejected Greyhound's argument and is allowing plaintiffs' seat belt claims to go to a jury. The judge found that the Federal Government's failure to require seatbelts on buses does not prevent injured bus passengers from pursuing claims based on the failure to install seat belts.

Plaintiff's attorney, Stuart Talley, said: "For years experts in the field have been calling for seatbelts on buses but somehow the bus industry has been able to prevent legislation from being enacted. Every year, hundreds of people are severely injured in bus accidents and many die. In fact, since our case was filed more than a 105 people have died in bus accidents throughout the United States. Greyhound and the bus industry have simply provided no rationale basis for their refusal to install seatbelts. This decision will hopefully allow a jury to hold Greyhound accountable for its actions."

The action in which the order was entered is pending the U.S. District Court for the Eastern District of California and entitled Soto v. Greyhound et al., Case No.. 2:06-CV-01612 MCE-DAD

Stuart Talley is a partner in the Sacramento firm of Kershaw, Cutter & Ratinoff.

Source: Kershaw, Cutter & Ratinoff