A common carrier is any person, corporation, firm, or association 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. The Civil Code imposes on them a standard far above ordinary care, and the practical effect is to shift the burden of proof in almost every case. The standard for GOODS is EXTRAORDINARY DILIGENCE in the vigilance over the goods, from the time they are unconditionally placed in the carrier's possession until they are delivered to the consignee or the person entitled to receive them. Where the goods are lost, destroyed, or deteriorated, common carriers are PRESUMED to have been at fault or to have acted negligently, and the carrier must prove that it observed extraordinary diligence to escape liability. The presumption is the heart of the doctrine: the shipper need not prove how the loss happened. The presumption is overcome only by proving that the loss was due to one of the five causes the law enumerates: a flood, storm, earthquake, lightning, or other natural disaster or calamity; an act of the public enemy in war, whether international or civil; an act or omission of the shipper or owner of the goods; the character of the goods or defects in the packing or in the containers; and an order or act of competent public authority. Even then the carrier must show it exercised due diligence to prevent or minimise the loss, and a natural disaster does not excuse a carrier whose own delay or negligence contributed. For PASSENGERS the standard is expressed differently but is at least as strict: common carriers are bound to carry passengers safely as far as human care and foresight can provide, using the UTMOST DILIGENCE of very cautious persons, with due regard for all the circumstances. In case of death of or injury to passengers, the carrier is presumed to have been at fault or negligent. Carriers are liable for the wilful acts or negligence of their EMPLOYEES even where the employees acted beyond the scope of their authority or in violation of the carrier's orders, and this liability is not extinguished by proof that the carrier exercised diligence in the selection and supervision of its employees. Carriers are also liable for injuries caused by other passengers or strangers where the carrier's employees could have prevented the act through the exercise of ordinary diligence. Finally, freedom of contract is limited: a stipulation that the carrier need not observe any diligence, or that it is exempt from liability for its own negligence, or that the presumption of negligence does not apply, is VOID as contrary to public policy.
The Standard: Extraordinary Diligence
A common carrier transports passengers or goods for compensation, offering its services to the public. It owes EXTRAORDINARY DILIGENCE over goods, from the moment they are unconditionally placed in its possession until delivery to the consignee.
The Presumption Is Everything
Where goods are lost, destroyed, or deteriorated, the carrier is PRESUMED at fault. The shipper does not have to prove how it happened — the carrier must prove it observed extraordinary diligence.
The Only Five Exempting Causes
- Flood, storm, earthquake, lightning, or other natural disaster or calamity;
- Act of the public enemy in war, international or civil;
- Act or omission of the shipper or owner of the goods;
- The character of the goods, or defects in the packing or containers; and
- An order or act of competent public authority.
- Even then the carrier must show it exercised due diligence to prevent or minimise the loss — a storm does not excuse a carrier whose own delay or negligence contributed.
Passengers: Utmost Diligence
Carriers must carry passengers safely as far as human care and foresight can provide, using the UTMOST DILIGENCE of very cautious persons. On death or injury, the carrier is again presumed at fault.
Liability for Employees and Other Passengers
The carrier answers for the wilful acts or negligence of its EMPLOYEES even when they acted beyond their authority or against orders — and proving careful selection and supervision does NOT excuse it. It also answers for harm caused by other passengers or strangers where its employees could have prevented it with ordinary diligence.
Void Stipulations
A stipulation that the carrier need observe no diligence, that it is exempt from liability for its own negligence, or that the presumption does not apply, is VOID as contrary to public policy.
Frequently Asked Questions
What diligence does a common carrier owe? Extraordinary diligence in the vigilance over goods, and the utmost diligence of very cautious persons in carrying passengers safely, which is a standard far above ordinary care.
Do I have to prove the carrier was negligent? No. Where goods are lost, destroyed, or deteriorated, or a passenger is killed or injured, the carrier is presumed at fault. It must prove it observed extraordinary diligence to escape liability.
What excuses a common carrier from liability? Only natural disaster or calamity, an act of the public enemy in war, an act or omission of the shipper, the character of the goods or defects in packing, or an order of competent public authority, and even then only if it exercised due diligence to minimise the loss.
Can a carrier contract out of liability? No. A stipulation dispensing with diligence, exempting the carrier from liability for its own negligence, or removing the presumption of negligence is void as contrary to public policy.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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