3. Defenses Available to a Common Carrier

Defenses available to common carriers

• Proof that they exercised extraordinary diligence; or
• Proof that the injury or death was caused by a fortuitous event. (Sanico v. Colipano, G.R. No. 209969, 27 September 2017)¹

In order for a common carrier to be absolved of liability for accidents caused by fortuitous events, the common carrier must still prove that it is not negligent in causing the injuries resulting from the accident (Bachelor Express v. CA)²

The presumption of negligence will not apply if the injury of the passenger was not caused by any defect in the means or method of transport or to the negligent or willful acts of the common carrier’s employees. (G.v. Florida Transport, Inc. v. Heirs of Battung, G.R. No. 208802, 14 October 2015)³

Sources of Liability