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Being Injured while getting off an airplane 11/02/2008
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The general rule is that a carrier (an airline) owes its passengers the highest degree of care. Acosta v. Southern Cal. Rapid Transit Dist., 2 Cal.3d 19, 27. But this rule applies while the passengers are in transit, and until they have safely departed from the carrier's vehicle. The care required of the carrier for the protection of a passenger on its premises involves reasonable care to provide and maintain safe and adequate stations, platforms, walks, steps, and landings for use in waiting for, approaching, and leaving trains or other means of conveyance in which the transportation is to be, or has been furnished. Robson v. Union Pacific R.R. Co., 70 Cal.App.2d 759, 761.

The qualification to the general rules has to be stressed. The duty to exercise the highest degree of care toward passengers ends when the passenger is discharged into a relatively safe place, not merely that he alights safely from the carrier's vehicle, if he is discharged into a dangerous area.

The rule of highest degree care will also apply when the passenger enters and until he leaves the locality. Such an area is ordinarily attended and closely observed by the airline's personnel; it may be reasonably assumed that they have notice of, and are enabled to correct or warn the passenger of, any dangerous condition at that part of the landing field.

 


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