Liability of a common carrier

Liability of a common carrier "I rode a taxicab to my workplace because my service car was scheduled for preventive maintenance, which would take at least a day. We arrived at my office, and I notified the driver of my intention to get off the vehicle. However, before I could completely alight from the taxicab, the vehicle suddenly moved forward. One of its tires went over my left foot. As a result, my left foot was fractured, and I was rushed to the nearest hospital. The driver explained to me that the brake of the car malfunctioned. Can I file a complaint for damages against the operator of the taxicab?Charo Dear Charo,Yes, you can file a complaint for damages against the operator of the vehicle. Under our transportation laws, ""(a) common carrier is bound to carry the passengers safely as far as human care and foresight can provide, using the utmost diligence of very cautious persons, with due regard for all the circumstances"" (Article 1755, Civil Code of the Philippines). ""Common carriers, from the nature of their business and reasons of public policy, are bound to observe extraordinary diligence xxx for the safety of the passengers transported by them xxx"" (Article 1733, Id.). In your case, you mentioned that the vehicle suddenly moved while you were alighting from it, causing you injury. Also, the driver told you that the brake of the car failed. This only shows that the vehicle you rode was poorly maintained. Moreover, it is the duty of common carriers of passengers, including taxicabs, to stop their conveyances for a reasonable length of time in order to afford passengers an opportunity to board or get out of the vehicle. Failing to do so, they are liable for injuries suffered by passengers resulting from the sudden starting up or jerking of their conveyances. Hence, the relation between a common carrier and passenger, once created, will not ordinarily terminate until the passenger has, after reaching his destination, safely alighted from the carrier's conveyance or had a reasonable opportunity to leave the carrier's premises.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated. Editor's note: Dear PAO is a daily column of the Public Attorney's Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net" - https://www.affordablecebu.com/