Public Transportation

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In the world we live in today a significant number of people rely on the convenience, reliability, and safety of public transportation or also known as Common Carriers. Public transportation is necessary in cities like San Francisco, because the use of common carrier transportation is the most efficient and conservative way of transportation. We’ve all entrusted a common carrier one way or another, whether it be taking the Greyhound to visit a friend in Los Angeles or taking a ferry to see remote places such as Alcatraz. Common carriers can be an entity or person in the business of transporting people or property for hire. Because common carriers withhold the control of the safety of passengers and property through hire, under California law, common carriers are held to a higher standard of care than other transportation services. Civil Code §2100 states that common carriers "must use the utmost care and diligence for [passengers'] safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill." (CC §2100 1) With that said, common carriers contain an utmost duty of care, and if that duty of care is breached, the common carrier or persons responsible may be liable for the damages caused by the breach. In the following analysis of the Sewol Ferry Disaster, the legalities of American Law will be applied to determine who is liable for the injuries and death of many in this unfortunate disaster. The Ferry The MV Sewol, originally the Ferry, was built by a Japanese company called Hayashikane Shipbuilding & Engineering Co. Ltd. The Sewol was 479 feet in length and 72 feet in width, and could carry 921 passengers maximum capacity, including the crew, of 956. The Sewol also... ... middle of paper ... .... "Off-duty South Korea Ferry Captain Says He Warned Sewol Was Unstable after Modifications." CBSNews. CBS Interactive, 30 Apr. 2014. Web. 03 May 2014. 4. Campbell, Charlie. "Reports: The South Korean Ferry Sank Because It Was Dangerously Overloaded." Time. Time, 2 May 2014. Web. 03 May 2014. 5. York, Christopher J. "VICARIOUS LIABILITY OF CONTROLLING PERSONS: RESPONDEAT SUPERIOR AND THE SECURITIES ACTS - A REVERSIBLE CONSENSUS IN THE CIRCUITS." Emory University School of Law. Emory Law Journal 313th ser. 42.Emory L.J. (1993): n. pag. Web. 3 May 1993. . 6. DiBlasio, Natalie. "All 15 Crew That Navigated S. Korea Ferry in Custody." USA Today. Gannett, 26 Apr. 2014. Web. 05 May 2014.

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