Common Carrier Liability: An Overview

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If you have ever spent time on a bus, taxicab, commercial airplane, passenger train, or cruise ship, you have been on a common carrier. In the United States, a common carrier (or simply “carrier”) is an entity whose business transports people or goods from one place to another for a fee. Even amusement parks may be considered common carriers in some states, such as California. Carriers may be held liable for the injuries of passengers, but only if the plaintiff can prove negligence.

Common Carrier Liability

Carriers, such as tour buses and passenger jets, offer their services to the public under the authority of a regulatory body, which sets standards for safety and other passenger concerns. Commercial airlines, for example, must adhere to the regulations set forth by the Federal Aviation Administration (FAA). Regulations or not, carriers are required to exercise the highest degree of care and diligence in the safety of their passengers and/or cargo.

The failure to warn passengers about a potentially dangerous condition also can expose carriers to legal action. For example, an airline may be held liable for a passenger’s injuries if the pilot failed to turn on the fasten seatbelt sign after noticing heavy turbulence. But liability for failure to warn comes down to the question of whether a reasonably careful operator would have known or should have known about the dangerous condition.

Therefore, a carrier can be sued for injuries for either failing to adhere to a particular regulation (if it was the cause of the injury) or failing to exercise the care and diligence that would be expected of a reasonably careful operator.

See Tour Bus Accidents and Liability and Cruise Ship Accidents and Liability for more specific information about common carrier liability.

Common Carrier Accidents: The Importance of Evidence

In order to prove a carrier’s fault in a negligence case, plaintiffs must show:

• Defendant owed plaintiff a duty (common carriers must exercise the utmost care and diligence with respect to their passengers).
• Defendant breached that duty (such as failing to remove ice from the wings of an airplane that later made an emergency landing, causing injuries).
• The breach was the proximate cause of the plaintiff’s injury (if not for the breach, the injury would not have occurred).
• The plaintiff suffered damages (usually physical injuries, but could also be emotional distress or loss of wages).

Since the legal theory of strict liability does not apply to common carriers, meaning the plaintiff must show a breach of the carrier’s duty to the plaintiff, evidence typically plays a key role in a negligence claim. Potential evidence may be:

• Expert witness testimony: The plaintiff may use an expert witness to explain how an injury had to have been caused by the carrier’s supposed negligence, while the carrier also may use expert witnesses to prove they acted in a reasonable manner.
• Eyewitness testimony: A fellow passenger of a tour bus, for example, may have personally witnessed the bus driver sneaking drinks from a flask prior to an accident.
• Negligence per se: A cruise ship knowingly circumvents Coast Guard regulations, for instance, resulting in passenger injuries.
• Images: A photograph of a particularly steep and potentially dangerous staircase on a cruise ship, in the absence of signage warning passengers, might provide important evidence of a carrier’s failure to warn.
• Inspection records: If an airplane’s inspection records urge the installation of new landing gear, but the carrier ignores this, the carrier could be held liable for any injuries related to a landing gear failure.

At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.

Source: FindLaw