Law of Torts

Principle: A common carrier owes to its passengers the highest degree of care which a prudent man would be expected to exercise under similar circumstances.
Facts: A couple entered the premises of an amusement park after obtaining a ticket for entry and paid the special fare for the roller coaster ride. The lady received an electrical shock while she and her husband were boarding the roller coaster. She had to be admitted in the hospital for treatment. Her husband moves the court against the operator of the ride.
Is the operator of the ride liable?

A) Yes. The couple is in the position of invitees and so the operator of the ride is liable to any invitee in their premises B) No. The operator is duty bound to take care of the wellbeing of the persons only when the patrons sit inside the ride. The liability of the common carrier starts only after they occupy a seat in the ride C) Yes. The ride operator owed the highest degree of care to its patrons, or that degree of care which a prudent person would be expected to exercise in the maintenance, inspection and repair of such equipment D) No. As the contract has not commenced, the liability of the operator has not yet begun and hence he is not liable

Answer & Solution

Correct Answer: Option C

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Principle A common carrier owes to its passengers the highest degree...

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