A common carrier is not an insurer of the absolute safety of its passengers | 4 December 2024

In the realm of transportation, common carriers play a crucial role in providing public transport services. The role of common carriers in ensuring passenger safety is paramount, characterized by a high standard of care and adherence to rigorous safety protocols. However, it is essential to understand that while common carriers are responsible for maintaining high standards of safety, they are not insurers of the absolute safety of their passengers.

Author

Alburo Law
December 04, 2024

A common carrier is not an insurer of the absolute safety of its passengers

While the law requires the highest degree of diligence from common carriers in the safe transport of their passengers and creates a presumption of negligence against them, it does not, however, make the carrier an insurer of the absolute safety of its passengers.

Article 1755 of the Civil Code qualifies the duty of extraordinary care, vigilance[,] and precaution in the carriage of passengers by common carriers to only such as human care and foresight can provide. What constitutes compliance with said duty is adjudged with due regard to all the circumstances.

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