Practice point: While the operator of an ambulance owes its passengers a duty of reasonable care, that duty does not require that the operator of the vehicle ensure that an adult passenger has fastened his or her seatbelt.
Student note: Tthe New York City Fire Department's internal rules requiring that members ensure that passengers in emergency vehicles wear seatbelts imposes a greater standard of care than that imposed by law, and so a violation of Department rules cannot serve as basis for plaintiff's imposing liability.
Case: Asantewaa v. City of New York, NY Slip Op 09174 (1st Dept. 2011).
Tomorrow’s issue: Expert testimony.
