What standard of care do common carriers have in Georgia?

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Common carriers in Georgia are held to a higher standard of care compared to typical individuals or businesses. They are required to exercise a standard of care that goes beyond ordinary care, known as "the highest degree of care" toward their passengers. This obligation is based on the nature of their business, which involves the transportation of passengers or goods.

The concept of presumptive liability means that if harm befalls a passenger while they are using the services of a common carrier, the burden of proof may shift towards the carrier to demonstrate that they were not negligent. The only defense they typically have against liability is showing that the injury was caused by an act of God—an unforeseen event that could not be avoided. This standard is intended to protect consumers by ensuring that common carriers prioritize the safety of their passengers.

In contrast to the other options, which suggest a more lenient standard of care or limit liability in ways that do not align with Georgia's legal precedents for common carriers, the choice regarding presumptive liability accurately reflects the responsibilities these entities have in safeguarding those under their care.

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