401.15 PRELIMINARY ISSUES — COMMON CARRIER

On (claimant’s) claim there is [a preliminary] [another] issue for you to decide. That issue is whether at the time and place of the incident in this case, (claimant) was a passenger of (defendant), a common carrier. A person is a passenger of a common carrier when

a. Passenger before boarding:

[intending to take passage, [he] [she] enters and occupies a station, waiting room or other place provided by the carrier for the reception of passengers at a time when such place is open for reception of persons intending to take passage on the carrier’s vehicle or conveyance.] or

b. Passenger boarding or in transit:

[[he] [she] enters or occupies the carrier’s vehicle or conveyance for the purpose of transportation with the carrier’s express or implied consent.] or

c. Passenger temporarily leaving conveyance:

[[he] [she] enters or occupies the carrier’s vehicle or conveyance for the purpose of transportation with the carrier’s express or implied consent. Such a person does not cease to be a passenger by leaving the carrier’s vehicle or conveyance temporarily for a reasonable purpose and without intending to abandon the carrier’s transportation.] or

d. Passenger departing at destination:

[[he] [she] enters or occupies the carrier’s vehicle or conveyance for the purpose of transportation with the carrier’s express or implied consent. Such a person does not cease to be a passenger at [his] [her] destination until [he] [she] has safely left the carrier’s vehicle or conveyance [or, if [he] [she] is discharged at the station or premises of the carrier, until [he] [she] has had a reasonable opportunity to leave the premises].]

NOTES ON USE FOR 401.15

1. Atlantic Greyhound Lines v. Lovett, 134 Fla. 505, 184 So. 133 (Fla. 1938); Florida Southern Railway Co. v. Hirst, 30 Fla. 1, 11 So. 506 (Fla. 1892); Henderson v. Tarver, 123 So. 2d 369 (Fla. 2d DCA 1960); Pividal v. City of Miami, 105 So. 2d 502 (Fla. 3d DCA 1958).

2. Instruction 401.15 should be followed by instruction 401.17, Burden of Proof on Preliminary Issues.