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Seeking Higher Ground: When does the common carrier standard of care actually apply

CLM

February 25, 2020

Author: Michael Lowry

Michael Lowry (Partner-Las Vegas) co-authored “Seeking Higher Ground: When does the common carrier standard of care actually apply?” which appeared on February 25, 2020, in CLM magazine. Michael notes that the theme throughout cases involving injury to passengers on common carriers is that a uniform rule is desirable but generally does not yet exist. “When claims and litigation professionals are evaluating passenger claims, factual development of what was happening when the loss occurred is important to determine the standard against which the conduct will be assessed. If the higher standard of care does not apply to a given fact pattern, then that factor may affect the claim’s potential reserve value.”

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