If you experience spending time on a bus, commercial plane, taxicab, passenger train, or cruise ship, then, you are on a common carrier. In the USA, a common carrier denotes a unit whose main business is transporting people or goods from one place to another place in exchange for a certain fee. Certain amusement parks in some states like California considered having common carriers. Carriers may be held accountable for injuries sustained by the passengers, only if the plaintiff can show negligence.
Common Carrier Legal Liability
Carriers like tour bus and passenger planes offer services to the general public under the authority of a regulatory board which is responsible to establish standards for the safety and other passenger issues. For instance, commercial airlines must follow the regulations established by the Federal Aviation Administration or FAA. But regulations or without them, carriers are obliged to practice the highest level of care and diligence in the safety of their passengers and/or cargo.
Failing to warn the passengers regarding a probable dangerous condition also subject the carriers to legal actions. For instance, an airline may be held responsible for its passengers’ injuries when the pilot was unable to turn on the “fasten seatbelt” sign after noticing heavy turbulence. However, liability for failure to warn lies on the issue of whether a reasonably careful operator would have known or should have known regarding the dangerous condition.
Hence, a carrier can be sued for the injuries for failing to obey a specific regulation or failing to practice the care and diligence expected from a careful operator.
The Importance of Evidence in Carrier Accidents
To show the negligence on the part of the carrier, the plaintiff must prove that
Because the legal theory of strict liability does not apply to common carriers, this means that the plaintiff must prove that there has been a violation of the duty of the carrier, and the evidence plays a major role in the negligence claim.
Probable evidence may involve the following:
Common carriers involving accidents are rare but can occur to anybody at any time. If you think you have a case against common carriers regarding negligence caused your injuries, you can contact a personal injury attorney in your area.