What is the standard of care owed by a public carrier to its passengers?

Alberta, Canada


The following excerpt is from Nice v. Doe, 2000 ABCA 221 (CanLII):

The traditional statement of the standard of care owed by a public carrier to its passengers is set out in Day. Davis J. at 439 stated, “The duty of the respondent to the appellant, its passenger, was to carry her safely as far as reasonable care and forethought could attain that end.” And Hudson J. said at 441: Although the carrier of passengers is not an insurer, yet if an accident occurs and the passenger is injured, there is a heavy burden on the defendant carrier to establish that he had used all due, proper and reasonable care and skill to avoid or prevent injury to the passenger. The care required is of a very high degree: 4 Hals., p. 60, paras. 92 and 95. In an old case of Jackson v. Tollett, (1817) 2 Starkie 37, the rule was stated by Lord Ellenborough, at p. 38, as follows: Every person who contracts for the conveyance of others, is bound to use the utmost care and skill, and if, through any erroneous judgment on his part, any mischief is occasioned, he must answer for the consequences. Shifting the burden

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