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Hoboken Train Accident NJ Transit Must Make Passengers Safe

September 30, 2016

People are asking, “Is New Jersey Transit liable for negligence for the train accident at the Hoboken train station?”

Under our laws, New Jersey Transit is known as a “common carrier”. A common carrier offers to transport any and all members of the public. Since anyone who wishes to do so can board a New Jersey Transit train, NJT is a common carrier.

Common carriers owe a very high duty of care and safety to passengers. As our courts have said:

“A common carrier must exercise a high degree of care to protect its passengers from dangers that are known or are reasonably foreseeable. Carriers must use the utmost caution to protect their passengers, the kind of caution that is characteristic of a very careful and prudent person. A carrier must act with the highest possible care consistent with the nature of the undertaking involved.”

At this point, it appears that New Jersey Transit certainly did not run the train with the “highest possible care.” It was traveling at a high rate of speed when it crashed into the station killing and injuring people. It is overwhelmingly likely that New Jersey transit will be held liable for the lawsuits claiming death and injuries at Hoboken.

John S. Hoyt, Esq.

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