United States:
Transportation Law Issue of Communiqué Features Lowry on Common Carriers
The Enduring Myth of the Common Carrier
15 October 2016
Wilson Elser Moskowitz Edelman & Dicker LLP
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Michael Lowry (Partner-Las Vegas) contributed an article,
"The Enduring Myth of the Common Carrier," to the October
2016 Transportation Law issue of Communiqué that
explains why a common carrier is not always a common carrier and
not an insurer of its passengers' safety. For instance, in
Nevada a motor carrier may be a common carrier for one operation
− "liable for any injury to a passenger occasioned by
the slightest negligence against which human prudence and foresight
should have guarded"− but a private carrier for another.
Michael cautions that the distinction is important because it
changes the standard of care.
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