2021 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 9 - Transportation of Freight and Passengers Generally
Article 4 - Transportation of Passengers
Part 1 - Transportation by Carriers Generally
§ 46-9-132. Duty of Carriers of Passengers to Exercise Extraordinary Diligence

A carrier of passengers must exercise extraordinary diligence to protect the lives and persons of his passengers but is not liable for injuries to them after having used such diligence.

(Orig. Code 1863, § 2040; Code 1868, § 2041; Code 1873, § 2067; Code 1882, § 2067; Civil Code 1895, § 2266; Civil Code 1910, § 2714; Code 1933, § 18-204.)

- Duty of drivers of motor vehicles carrying passengers for hire to stop at railroad crossings, § 40-6-142.

- For article, "The Uber Million Dollar Question: Are Uber Drivers Employees or Independent Contractors?," see 68 Mercer L. Rev. 461 (2017). For note, "Tort Liability in Georgia for the Criminal Acts of Another," see 18 Ga. L. Rev. 361 (1984).

ANALYSIS

• General Consideration
• Discharge of Passengers
• Jury Issues and Instructions
• Application

RESEARCH REFERENCES

Am. Jur. 2d.

- 14 Am. Jur. 2d, Carriers, § 832, 836.

- Liability of carrier for injury to passenger by articles belonging to carrier on the floor or in the aisles, 3 A.L.R. 640; 12 A.L.R. 1346.

Liability of street railway company to passenger on account of crowded condition of cars, 5 A.L.R. 1257; 42 A.L.R. 1329.

Carrier's duty to passenger while train is going through tunnel, 9 A.L.R. 96.

Stipulation releasing carrier from liability for injury to free passenger as affecting liability for gross negligence or willful or wanton injury, 9 A.L.R. 501.

Liability of carrier for injury due to casual or temporary condition of station or its approaches, 10 A.L.R. 259.

Duty of carrier to other passengers respecting transportation of insane passenger, 12 A.L.R. 242.

Liability of carrier for injury to passenger due to obstruction of aisle or platform by property of another passenger, 19 A.L.R. 1372.

Duty and liability of carrier as to "step box" or other device to facilitate entering and leaving car, 20 A.L.R. 914.

Res ipsa loquitur as applicable to injury to passenger in a collision where one of the vehicles is not within carrier's control, 25 A.L.R. 690; 83 A.L.R. 1163; 161 A.L.R. 1113.

Loss of contract or business opportunity as element of damages for wrongful ejection from train or being carried past station, 25 A.L.R. 916; 82 A.L.R. 665; 97 A.L.R. 588.

Liability of employer for acts or omissions of independent contractor in respect of positive duties or former arising from or incidental to contractual relationships, 29 A.L.R. 736.

Liability of carrier for injury to passenger by car window, 29 A.L.R. 1262; 45 A.L.R. 1541.

Carrier's liability for injury to passenger due to rushing or crowding of passengers, 32 A.L.R. 1315; 155 A.L.R. 634.

Responsibility of carrier to its passengers for conditions on roadway or at stations of another carrier over whose line it detours, 33 A.L.R. 820.

Liability of carrier for injury to passenger by car door, 41 A.L.R. 1089.

Liability of street railway company to passenger on account of crowded condition of car, 42 A.L.R. 1329.

Liability of street railway company to passenger struck by vehicle not subject to its control, 44 A.L.R. 162.

Liability of carrier for injury to passenger due to construction of floor of car or vessel on different levels, 48 A.L.R. 1424.

Carrier's liability to passenger for failure to keep trains to schedule time, 52 A.L.R. 1332.

Duty and liability of carrier as to assisting passenger to board or alight from car or train, 55 A.L.R. 389; 59 A.L.R. 940.

Liability of street railway company for injury to passenger or pedestrian as result of overhang of car in rounding curve, 55 A.L.R. 479.

Duty and liability of carrier to passenger attempting to leave moving street car, 56 A.L.R. 981.

Liability of proprietor or operator of private railroad for injury to one other than employee riding thereon, 57 A.L.R. 818.

Liability of carrier by water for injury to passenger while embarking or disembarking, 59 A.L.R. 1355.

Duty and liability to passenger temporarily leaving train, 61 A.L.R. 403.

Status of, and liability of street railway company to, person approaching to board street car, 75 A.L.R. 285.

Duty of Pullman Company to protect Pullman passenger against acts of train employees, 76 A.L.R. 927.

Liability of carrier operating in street to passenger struck by other vehicle while on platform, step, or running board of car, 77 A.L.R. 429.

Ferry operator's duty as regards automobiles or their occupants, 82 A.L.R. 798.

Changed conditions as affecting duty, or enforcement of duty, as to train service or maintenance of stations imposed upon railroad by charter or statute, 111 A.L.R. 57.

Liability of carrier for injury to passenger as result of ice, snow, or rain on exposed or interior portions of car or vessel, 117 A.L.R. 522.

Duty of carrier to discover abnormal condition of passenger, 124 A.L.R. 1428.

Carrier's liability for conduct of passenger (other than assault) causing injury to other passenger, 140 A.L.R. 1194.

Carrier's liability to person in street or highway for purpose of boarding its vehicle, 7 A.L.R.2d 549.

Liability of motorbus carrier to passenger injured through fall while alighting from vehicle, 9 A.L.R.2d 938.

Duty and liability of carrier to intoxicated passenger while en route, 17 A.L.R.2d 1085.

Liability for injury to customer or patron from defect in or fall of seat, 21 A.L.R.2d 420.

Liability of operator of ambulance service for personal injuries to person being transported, 21 A.L.R.2d 910.

Liability of carrier to passenger for injury due to crowded condition of motorbus, or pushing or crowding of passengers therein, 26 A.L.R.2d 1219.

Attempt to board moving car or train as contributory negligence or assumption of risk, 31 A.L.R.2d 931.

Duty of railroad to passengers to keep steps or vestibule of car free from debris or foreign substances other than snow or ice, 34 A.L.R.2d 360.

Carrier's liability to passenger injured by landslide, or the like, 34 A.L.R.2d 831.

Duty and liability of carrier with respect to allowing passenger sufficient time for change of vehicles, 40 A.L.R.2d 809.

Liability of motor carrier for injury to passenger's hand in vehicle door, 42 A.L.R.2d 1190.

Liability of carrier to passenger injured by hurling of object through window by a third person, 46 A.L.R.2d 1098.

Carrier's liability to passenger injured while using washroom or lavatory facilities on conveyance, 50 A.L.R.2d 1071.

Employer's liability for assault by taxicab or motorbus driver, 53 A.L.R.2d 720.

Motor carrier's liability for injury to passenger by sudden stopping, starting, or lurching of conveyance, 57 A.L.R.2d 5.

Liability of motor carrier for injury or death of passenger inflicted by the vehicle from which he has alighted, 58 A.L.R.2d 932.

Liability of motor carrier for injury or death of passenger who has alighted, caused by conditions at place of alighting, 58 A.L.R.2d 948.

Liability of air carrier to passenger injured while boarding or alighting, 61 A.L.R.2d 1113.

Liability of carrier to passenger injured through fall of baggage or other object from overhead repository, 68 A.L.R.2d 667.

Liability of motor carrier for loss of passenger's luggage or packages, 68 A.L.R.2d 1350.

Carrier's duties to passenger who becomes sick or is injured en route, 92 A.L.R.2d 656.

Duty and liability of carrier by motorbus to persons boarding bus, 93 A.L.R.2d 237.

Liability for injury to or death of passenger from accident due to physical condition of carrier's employee, 53 A.L.R.3d 669.

Liability of owner or operator for injury caused by door of automatic passenger elevator, 63 A.L.R.3d 893.

Liability for injury caused by fall of person into shaft, or by abrupt drop, sudden movement, or stopping between floors, of automatic passenger elevator, 64 A.L.R.3d 950.

Liability of air carrier for damage or injury sustained by passenger as result of hijacking, 72 A.L.R.3d 1299.

Carrier's liability for injury or death of infant passenger as affected by fact that child was in custody of parent or other adult, 74 A.L.R.3d 1171.

Application of res ipsa loquitur doctrine to accidents incurred by passenger while boarding or alighting from a carrier, 93 A.L.R.3d 776.

Liability of taxicab carrier to passenger injured while alighting from taxi, 98 A.L.R.3d 822.

Liability of common carrier for personal injury or death of passenger occasioned by inhalation of gases or fumes from exhaust, 99 A.L.R.3d 751.

Motor carrier's liability for personal injury or death of passenger caused by debris, litter, or other foreign object on floor or seat of vehicle, 1 A.L.R.4th 1249.

Width or design of lateral space between passenger loading platform and car entrance as affecting carrier's liability to passenger for injuries incurred from falling into space, 28 A.L.R.4th 748.

Liability of land carrier to passenger who becomes victim of third party's assault on or about carrier's vehicle or premises, 34 A.L.R.4th 1054.

Liability of land carrier to passenger who becomes victim of another passenger's assault, 43 A.L.R.4th 189.

Liability of operator of ambulance service for personal injuries to person being transported, 68 A.L.R.4th 14.

Right to contribution or indemnity on behalf of owner, operator, maintainer, repairer, or installer of automatic passenger elevator in action by elevator user, 100 A.L.R.5th 409.

Limitation of liability of air carrier for personal injury or death, 91 A.L.R. Fed. 547.

Liability for injury on or in connection with escalator, 63 A.L.R.6th 495.