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AIRPLANE, BUS and TRAIN ACCIDENTS

If a passenger is injured or killed in an airplane, bus or train accident, additional protections apply. A company that transports passengers is a common carrier. A common carrier has a duty to its passengers to use the highest degree of care consistent with the mode of transportation involved. Thus a common carrier is required to use more than ordinary care.

Thus, as a motorist, a bus driver owes other drivers a duty to use ordinary care. But he owes a duty to his/her passengers to use the highest degrees of care.

With regard to intentional actions of other passengers or non-passengers a common carrier has a duty to exercise the highest degree of care, consistent with the mode of transportation involved, to protect its passengers from the danger of injury from a source which it knew or should have anticipated from facts and circumstances known to it. Thus a common carrier may even be liable for actions of terrorists.

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