death from allergic

[u_hsen]

What is the name of your state (only U.S. law)? Maryland

As a taxicab/uber driver, can you be charged with negligence or manslaughter if you took in a service animal, but the next passenger got in the car suffers a serious allergic reaction that can be lead to hospitalization or even death?

 

[Zigner]

What is the name of your state (only U.S. law)? Maryland

As a taxicab/uber driver, can you be charged with negligence or manslaughter if you took in a service animal, but the next passenger got in the car suffers a serious allergic reaction that can be lead to hospitalization or even death?

Have you been charged with negligence or manslaughter, or is this just a "what-if"?

 

[quincy]

What is the name of your state (only U.S. law)? Maryland

As a taxicab/uber driver, can you be charged with negligence or manslaughter if you took in a service animal, but the next passenger got in the car suffers a serious allergic reaction that can be lead to hospitalization or even death?

It would be unlikely for charges to be filed against the taxicab or Uber driver. The driver cannot discriminate against a passenger with a service animal. If a subsequent passenger were to suffer a severe allergic reaction to (I assume) the dog hair, that would not be negligence on the part of the driver.

Those with allergies serious enough to cause such a reaction generally not only carry Epi-pens or inhalers (or the like), for one thing, they are also charged with a responsibility to limit their own exposure to their allergens (this under most circumstances).

 

[u_hsen]

It would be unlikely for charges to be filed against the taxicab or Uber driver. The driver cannot discriminate against a passenger with a service animal. If a subsequent passenger were to suffer a severe allergic reaction to (I assume) the dog hair, that would not be negligence on the part of the driver.

Those with allergies serious enough to cause such a reaction generally not only carry Epi-pens or inhalers (or the like), for one thing, they are also charged with a responsibility to limit their own exposure to their allergens (this under most circumstances).

thanks.

yah this is a "what-if"

 

[CTU]

thanks.

yah this is a "what-if"

Please find another forum for hypotheticals.

Thanks!

 

[quincy]

thanks.

yah this is a "what-if"

It is true that we do not as a rule entertain hypotheticals on this forum but ...

Several lawsuits have been filed against taxi cab services and Uber and Lyft for violating ADA laws. If I have time, I can provide a few links to these cases but to start here is a link to The Association of the Bar of the City of New York on access rights of people with disabilities and their service animals followed by an article in The Daily Beast on "Uber: Disability Laws Don't Apply to Us" (they do, as a note ):

http://www2.nycbar.org/Publications/ServAnim.htm

http://www.thedailybeast.com/articles/2015/05/21/uber-disability-laws-don-t-apply-to-us.html

There ARE exceptions for drivers who themselves have allergies, but this is not a loophole that Uber or taxi companies can use for any but the rare driver who has medical evidence to support a claim of allergies.