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COMMON CARRIER LIABILITY

The Federal government has created regulations regarding the liability to passengers injured while using a common carrier. A common carrier is one who represents to the public that its business is one of transporting persons or cargo from place to place for compensation, and such services are generally open to the public. Generally, commercial buses, ferries, trains, and airplanes are considered common carriers. There are some exceptions to this definition, such as with airplanes, vessels, "scenic railroads" or private charter transportation. In most situations, a common carrier is generally required to use the highest degree of care, diligence and vigilance in the transport of its passengers to the appropriate destination. The carrier must have the necessary equipment and a reasonable degree of skill to carry out the transportation of passengers.

In California, a common carrier must use the utmost care and diligence for the safe carriage of its passengers, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill. Cal. Civil Code §2100. This duty requires a common carrier do all that human care, vigilance and foresight reasonably can do under the circumstances. It includes protecting passengers from assaults by others, including fellow passengers when the common carrier knows or should know that an assault is about to occur. City and County of San Francisco v. Superior Court (1994, 1st District) 31 Cal.App.4th 45, 38 Cal.Rptr. 2d 372.

Common carriers are not, however, insurers of their passengers' safety. Rather, the degree of care and diligence that they must exercise is only such as can reasonably be exercised consistent with the character and mode of conveyance adopted and the practical operation of the business of the carrier. In common carrier accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question and to enable physicians or other expert witnesses to thoroughly evaluate any injuries.

If you or a loved one is a victim of a common carrier accident, call Nadrich & Cohen, LLP now at 1-800-718-4658 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM . The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a recovery. Don't delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.