401.6 NEGLIGENCE OF A COMMON CARRIER

Negligence is the failure to use reasonable care. (Defendant) is a common carrier. [The reasonable care required of (defendant) is different from the reasonable care required of a passenger.]

The reasonable care required of a common carrier for the safety of a passenger is the highest degree of care that is consistent with the type of transportation used and the practical operation of the business of a common carrier of passengers. Negligence of a common carrier is doing something that a very careful person would not do under like circumstances or failing to do something that a very careful person would do under like circumstances.

[In connection with (defendant’s) defense that (claimant) was [himself] [herself] negligent, reasonable care is what a reasonably careful person would do under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would do under like circumstances.]

NOTE ON USE FOR 401.6

1. Instruction 401.6 should be given instead of instruction 401.4 in a passenger’s case to define the standard of care applicable to a common carrier.

2. In cases involving multiple defendants, with non-common carrier defendants, refer to instruction 401.4 for the applicable negligence instruction for the non-common carrier defendants.