Actions Against Common Carriers
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 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 have written and lectured extensively on the subject of trial practice and damages.
FREE CONSULTATION
CALL-310-277-4857
The law firm Cheong & Denove provides legal services to clients throughout Southern California including the cities and counties of Anaheim, Bakersfield, Beverly Hills, Chula Vista, Garden Grove, Glendale, Inglewood, Irvine, Long Beach, Los Angeles, Murrieta, Newport Beach, Oceanside, Oxnard, Rancho Cucamonga, Riverside, San Diego, Santa Barbara, Santa Monica, Santa Ana, Temecula, Van Nuys, Kern County, Imperial County, Orange County, Riverside County, San Bernardino County, San Diego County and Ventura County.
Our website has been designed for informational purposes and should not cause you to form an expectation about the results that you may achieve based upon your potential legal claim or issue.
Phone 310-277-4857
Fax (310) 277-5254
Los Angeles, CA
90025