LAW 604C Lecture Notes - Lecture 26: Greater Cleveland Regional Transit Authority, Common Carrier, Jury Instructions
Document Summary
Class 26: 10/25/16: carriers, host-drivers and landowners, carriers and host-drivers. In this case, plaintiff was a passenger on a bus operated by defendant when the bus crashed and plaintiff was injured. Plaintiff brings a case against defendant for damages and defendant responds by alleging the plaintiff had not shown negligence. The takeaway is that the court held that a common carrier owes a higher degree of care to its passengers. Common carriers must protect their passengers as far as human care and foresight will go and are liable for slight negligence. Thus, just by bringing suit against the common carrier for damages resulting from the bus crash, plaintiff has made a prima facie case for negligence and the burden is on the defendant to show their freedom from negligence. Recently courts have rejected the higher standard of care shown by the case above.
