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Proving negligence in a common carrier accident

Common carriers are any business that transports customers for a fee. Examples include buses, taxis, ships, trains and airplanes. When passengers are injured in a common carrier accident, they may have a case against the business.

Many common carriers are under a regulatory body that sets safety standards. For example, commercial airlines are under the authority of the Federal Aviation Administration. When operators fail to uphold these standards, there may be grounds for a personal injury claim. In addition, operators who fail to exercise reasonable care and diligence, even when they do not violate any particular standards, may be held liable for injuries.

There are various ways that operators might breach the duty of care. For example, pilots might fail to turn on the seatbelt sign to prepare passengers for turbulence. In another case, an employee might fail to remove ice from the wings of an airplane, leading to injuries as the plane makes an emergency landing.

This breach of duty must be the proximate cause of injuries for a case to be valid. Victims will thus need to provide evidence, which could include eyewitness testimony and inspection records.

Someone who gets hurt on an airline may want to see a lawyer about pursuing a claim. It may be that a victim was hurt in a hard landing, assaulted by someone on the airplane or burnt by a hot beverage. Whatever the case, the lawyer could seek to obtain proof of negligence through the help of investigators, photographers and other third parties. Witnesses may even come in to bolster the case.

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The State Bar Of California The Florida Bar 1950 The West Virginia State Bar May 1, 1947 The Law Society of England and Wales Law Society of Ontario | Barreau de l'Ontario

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