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School Bus Injuries

Posted by: euser
August 03, 2007
Topic: Minnesota Personal Injury

The Minnesota legislature has enacted several statutes governing the safe operation of school buses. Additionally, the state's Commissioner of Public Safety has been authorized to adopt further rules regarding the operation of school buses, which are to have the same force and effect of law as though the state legislature had enacted them as well. The same laws apply to a bus whether it is owned and operated by the school district itself, or whether it is owned and operated by a private company under contract with the school. A school bus driver's failure to abide by one of these regulations makes a strong, if not absolute, case for negligence.

Additionally, Minnesota courts have held school districts liable for negligent operation or supervision of school buses even without the violation of an enumerated rule. School bus drivers have a heightened duty of care towards the children they are transporting because they are operating a "common carrier" (ex. airplanes, buses, passenger ships, taxicabs, trains). A common carrier must exercise the highest degree of care and foresight for the safety of its passengers consistent with the proper conduct of its business, and must take every reasonable precaution to protect the passengers from injury. This includes an obligation to have skilled and careful drivers who are alert at all times to discover and avoid danger. Moreover, a higher duty of care is also generally owed towards children than towards adults.

When letting children off the bus, a school bus driver's duty extends beyond merely activating the stop sign and flashing lights, and includes the responsibility to find a safe location for schoolchildren to depart the bus. The driver's duty continues until the children have disembarked to a place of safety. If an automobile driver fails to properly stop for a school bus and hits a child who has just departed from the bus, that automobile driver's negligence may not excuse the bus driver's failure to fulfil his duties.

Moreover, school bus drivers have a duty to reasonably supervise the activities of schoolchildren while they are on the bus. Although there is certainly no requirement to provide constant supervision, a driver may be held responsible if a student is injured by another student under circumstances where injury was reasonably foreseeable and would probably have been prevented by ordinary supervision.