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Actions Against
Common Carriers
Overview
A common carrier is in
the business of transporting passengers or property. Typical common
carriers are buses, taxis,
trains and planes. Commuter rails, such as
metrolink, are also common carriers.
An
elevator, escalator, ski lift and even some amusement rides are
common carriers.
A common carrier is
held to a higher standard of care than an ordinary person.
Therefore, it is easier to establish negligence if the defendant is
a common carrier.
Higher Standard of Care
Under
Negligence Law, the defendant must use reasonable care to
prevent harm to others. If the defendant is a common carrier, the
law requires it to use the highest care and the vigilance of a very
cautious person. In fact, the common carrier must do all that human
care, vigilance, and foresight can do under the circumstances to
avoid harm to passengers or property. CACI 902
(CACI are the approved jury
instructions from the Judicial Council of California. Jury
instructions are read to the jury by the judge and establish the law
the jury must follow in deciding the case. A partner of Cheong,
Denove, Rowell & Bennett has been formally recognized as one of the
attorneys who assisted the task force in the preparation of these
jury instructions.)
Not only must the
common carrier use the highest care in transporting passengers and
property, but it must use the highest care in constructing,
servicing, inspecting and maintaining their vehicles and equipment
for transporting passengers or property.
CACI 903
To Whom Is This Highest Care
Owed?
The common carrier
has the duty to exercise the highest care to its passengers and
property. If the common carrier injures a non-passenger or
property that it was not transporting, the duty owed is that of
ordinary care.
Conclusion
The difference in the
degree of care is often not of any significance. However, in a case
of questionable liability, it is easier to prove fault if the
defendant is bound to provide the highest care rather than ordinary
care. Buses, trains and planes
are responsible for a greater number of serious injuries compared to
other forms of accidents. Due to the seriousness of the injuries,
the clients must often go to trial to recover just compensation. The
attorneys at
Cheong, Denove, Rowell &
Bennett have written and lectured extensively on the subject of
trial practice and damages.
Cheong, Denove, Rowell & Bennett
has the extensive resources to handle the most
complex legal matters, yet is small enough to offer individualized
service to our clients.
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At Cheong, Denove, Rowell & Bennett we believe the more you
know, the better choice you will make. |
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