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Common carriers are persons, corporations, firms or associations offering their services to the public
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Common carriers are engaged in the business of carrying or transporting passengers or goods or both
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They transport passengers or goods or both by land, water, or air
A common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with a due regard for all the circumstances.
What are common carriers?
The law says:
Common carriers are persons, corporation, firms or associations engaged in the business of carrying or transporting passengers or goods or both, by land, water, or air, for compensation, offering their services to the public.
From the nature of their business and for reasons of public policy, common carriers are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case.
In case of death of or injuries to passengers, common carriers are presumed to have been at fault or to have acted negligently unless they prove that they observe extraordinary diligence.
For a better understanding, let us take the case of Dangwa Transportation Co. vs. Court of Appeals, G.R. No. 95582, October 7, 1991.
In this case, a passenger attempted to ride on the bus of Dangwa Transportation Co., Inc., which is a common carrier. The passenger was able to step on its platform but was run over by the rear right tires of the vehicle and eventually died because of the driver’s sudden acceleration of the bus.
Is the common carrier liable for the death of the passenger?
The Supreme Court said:
Yes.
The victim, by stepping on the platform of the bus, is already considered a passenger and is entitled to all the rights and protection pertaining to contractual relation of a common carrier and a passenger. It has been held that the duty which the common carrier owes to its patrons extends to persons boarding cars as well as to those alighting from the said car.
Also, a common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence very cautious persons, with a due regard for all the circumstances.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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