Legal Question in Personal Injury in California

Question : hi my wife(40) and child(4) got on a malfunctioning bus from LA to san isydro about 8 months ago shes got medical issued and a special person card wich she carries every were. when they got to santa anna station the buscouldnt go anymore and they made all the people get out my kid was asleep and my wife told the lady in charge about her problem and showt her card but the lady didnt care and she forced her out of the bus (3am) she couldnt see because of the fog and she felt carring my child wich complicated her medical situation the people from intercalifornia called her the day after and beg us not to proceed with a lawsuit and that they take care of any spend and stuff wich they didnt. can she still do something about it?


Asked on 9/29/15, 2:05 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

If the bus is from a government agency, then it's too late unless your wife filed an administrative claim against the agency within six months of the date of the incident. If the bus is from a private company, there's a potential claim for breach of contract because she paid for a bus to San Ysidro and didn't get it.

The difficult issue is this: Is the bus company liable for any incidental damages resulting from breach of contract? Usually the answer is no, as the general rule is that there's no liability unless it's assumed in the contract, and it wasn't as they wrote the contract. There is also a potential negligence claim if the bus company more or less stranded a disabled passenger in the middle of no where with no resources to provide for herself and her child.

So, unless it's a government agency and there's no claim on record within six months, there is a potential case, depending in part on what damages can be proved. You should review this with a personal injury attorney in your community.

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Answered on 9/29/15, 2:58 pm


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