Common Carriers
what is a common carrier
a company or individual that transports people or goods for a fee and holds itself out to the general public as a service provider
what are the types if affirmative defenses
(1) plaintiff's fault (2) assumption of the risk (3) contributory negligence (4) comparative negligence (5) statute of limitations
can a person validly waive liability for reckless or intentional misconduct
no
what is the general rule for the standard of care of common carriers
general rule: heightened duty ONLY to its passengers
what is contributory negligence and what are the two types
if the plaintiff fails to use ordinary care for their own safety and is slightly at fault, they will be completely barred from recovery
(1) pure comparative negligence: plaintiff can recover damages reduced by their % of fault
(2) modified comparative negligence: if a plaintiff is 50% or less at fault, their damages are reduced by their percentage of fault (if more than 51%+ they cannot recover) USED IN FL
what are the types of assumption of the risk
(1) express assumption of the risk (contractual)
(2) primary implied assumption of the risk
(3) secondary implied assumption of the risk
are common carriers held liable on behalf of its passengers?
yes, even slight negligence when protecting their passengers would hold them liable
what is the FL drug and alcohol defense
a plaintiff may not recover any damages if:
(1) the plaintiff was under the influence of an alcoholic beverage or drug that hinders normal faculties or the BAC was 0.08% or more)
(2) due being during under the influence, the plaintiff was more than 50% at fault
what is an express assumption of the risk and what is another name for it
the intention to be relieved from liability was made clear and unequivocal and the wording was so clear that an ordinary person would understand the rights they were contracting away
AKA waivers, exculpatory clauses, or anticipatory releases
how do you determine negligence for common carriers
when the common carrier does something that a very careful person would not do under like circumstances
OR
failing to do something that a very careful person would do under like circumstances
what is the standard of care for common carriers in FL
highest degree of care that is consistent with the type of transportation used and the practical operation og the business of a common carrier of passengers