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If I Am Injured While A Passenger On A Train Is The Railroad Liable?

The general rule is that a common carrier may be liable for personal injuries to passengers. A common carrier, such as railroad companies, is generally required to use the highest degree of care, diligence, and vigilance in the transport of its passengers to the appropriate destination.

Generally, the carrier is responsible for injuries sustained by a passenger during transportation that could have been avoided if the carrier had used better care or diligence.

Depending upon state law, if a personal injury occurs due to the carrier's noncompliance with safety laws, the carrier may be found to have absolute liability for personal injuries. Also, a common carrier may have a duty to warn its passengers of dangers that exist in transport and that are known to the carrier.

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