Knowledge Platform

Primary Liability

It is not surprising that the only commonality across all modes of transport is that primary liability to the passenger in the event of death/personal injury or property damage rests with the ‘carrier’ – with the caveat that the incident causing the damage must have taken place during the course of carriage - in most cases including embarkation and disembarkation from the mode of transport (i.e. where the loss/damage when the passenger is not actually yet physically ‘in his seat’ on board the mode of transport).