SUBSECTION 3.

Safety of Passengers
Article 1755. A common carrier is bound to carry the passengers safely
as far as human care and foresight can provide, using the

utmost diligence of very cautious persons, with a due regard for all the
circumstances.

Article 1756. In case of death of or injuries to passengers, common

carriers are presumed to have been at fault or to have acted negligently,
unless they prove that they observed extraordinary diligence as
prescribed in articles 1733 and 1755.

Article 1757. The responsibility of a common carrier for the safety of

passengers as required in articles 1733 and 1755 cannot be dispensed
with or lessened by stipulation, by the posting of notices, by statements
on tickets, or otherwise.

Article 1758. When a passenger is carried gratuitously, a stipulation

limiting the common carrier's liability for negligence is valid, but not for
wilful acts or gross negligence.

The reduction of fare does not justify any limitation of the common
carrier's liability.

Article 1759. Common carriers are liable for the death of or injuries to
passengers through the negligence or wilful acts of the former's
employees, although such employees may have acted beyond the
scope of their authority or in violation of the orders of the common
carriers.

This liability of the common carriers does not cease upon proof that they
exercised all the diligence of a good father of a family in the selection
and supervision of their employees.

Article 1760. The common carrier's responsibility prescribed in the

preceding article cannot be eliminated or limited by stipulation, by the
posting of notices, by statements on the tickets or otherwise.

Article 1761. The passenger must observe the diligence of a good

father of a family to avoid injury to himself.
Article 1762. The contributory negligence of the passenger does not bar
recovery of damages for his death or injuries, if the
proximate cause thereof is the negligence of the common carrier, but the
amount of damages shall be equitably reduced.

Article 1763. A common carrier is responsible for injuries suffered by a

passenger on account of the wilful acts or negligence of other
passengers or of strangers, if the common carrier's employees through
the exercise of the diligence of a good father of a family could have
prevented or stopped the act or omission.

SUBSECTION 4. Common Provisions

Article 1764. Damages in cases comprised in this Section shall be
awarded in accordance with Title XVIII of this Book, concerning

Damages. Article 2206 shall also apply to the death of a passenger

caused by the breach of contract by a common carrier.

Article 1765. The Public Service Commission may, on its own motion or
on petition of any interested party, after due hearing, cancel the
certificate of public convenience granted to any common carrier that
repeatedly fails to comply with his or its duty to observe extraordinary
diligence as prescribed in this Section.

Article 1766. In all matters not regulated by this Code, the rights and
obligations of common carriers shall be governed by the Code of
Commerce and by special laws.