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 Rhode Island, 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.
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.
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 the Law Offices of James P. Howe. 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.
Contact us
today by
Email
or call us today at (401) 788-0600 to speak with
someone from our firm..
|