Transit Bus Stops: Ownership, Liability, and Access (2008) / Chapter Skim
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3 TRANSIT BUS STOPS: OWNERSHIP, LIABILITY, AND ACCESS By Jocelyn K Waite, Attorney Waite & Associates, Reno, Nevada I
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4 beyond the scope of this report. School bus transportation is generally beyond the scope of the report,7 although the report does touch on transportation of school children by transit agencies.
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5 tain sovereign immunity in general17 or have provided it to their transit agencies, at least under some circumstances. For example, Dallas Area Rapid Transit is immune from suit unless immunity is waived, and such immunity is a bar to the court's jurisdiction.18 Illinois has conferred immunity on the Chicago Metropolitan Transit Agency from liability "for failure to provide a security or police force or, if a security or police force is provided, for failure to provide adequate police protection or security, failure to prevent the commission of crimes by fellow passengers or other third persons or for the failure to apprehend criminals."19 The Washington Metropolitan Area Transit Authority (WMATA)
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6 authority.32 Some jurisdictions provide immunity under both discretionary and governmental theories: In addition to case law providing WMATA with immunity for discretionary actions,33 the WMATA Compact provides immunity to WMATA for torts committed in the exercise of governmental functions.34 Application of the distinction between governmental and proprietary functions is not always clear. For example, failure to lock a subway gate has been held to be a governmental function,35 while allegations that transit employees had seen an assault on a passenger but not called police have been held to relate to proprietary functions.36 Notably, numerous New York courts have declined to hold that lapses in proper maintenance, including adequate lighting, involve proprietary functions.
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7 found that the complaint could only be characterized as failure to provide police protection, not a premises liability case against a common carrier.47 4. Procedural Limitations Even those states that allow tort actions against transit agencies may impose procedural limitations or cap the damages that are recoverable.48 Such damage caps have been generally,49 but not always,50 upheld.
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