CRISTINE JOY K.

MARALIT

LEGAL QUESTIONS:
Whether or not the driver and the operator of a common carrier is liable when the carrier
hit a person who jumped off a bridge in highway? If so, are there any defenses available to the
river and the operator of the common carrier to exculpate them from liabilities?

DEFINITION:
COMMON CARRIER - A common carrier is a person or a commercial enterprise that transports
passengers or goods for a fee and establishes that their service is open to the general public.
Typical examples of common carriers include, a shipowner, railroad, airline, taxi service, etc.
RIGTHS AND LIABILITIES OF A COMMON CARRIER:
A common carrier owes a public duty to transport goods upon offer of payment. He is liable in
damages for refusal to carry goods upon an offer of hire; however, common carriers may
rightfully refuse to carry goods under proper circumstances.

APPLICABLE LAW/CASE:
Article 1763, Civil Code of the Philippines

APPLICATION TO THE CASE:

The common carrier is also liable for the injuries suffered by a passenger for the willful acts of
another passenger or stranger, if the common carrier's employees through the exercise of
diligence could have prevented or stopped the act or omission

CONCLUSION:
Upon reading the legal question, it is asking whether the driver or the operator of a
common carrier are liable for a person who jumped off the bridge in highway. I therefore
conclude that based on the liabilities of the driver or even the operator of a common carrier they
are not liable for cases since they are not aware on the situation. But on the other hand, since
they are carrying a common carrier and they are paid by passengers they are responsible for
any cases that will bring safety on their passengers. I believed that no one would like to engage
in any different form of incidents on the street most specially it is done on a willful act of another
strangers.