Carriers' Liability in Cases of Free Lifts
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N.R.T.F. has issued to its area liaison committees and others a useful note on carriers' liability in respect of free lifts to pedestrians. It draws attention to a new aspect of the matter which emerged from a recent case and which, incidentally, also involves the question of the liability of the highway authority.
In this case a lorry driver offered a soldier a lift. The route passed beneath ' a railway bridge which had a headroom of only 8 ft. 9 ins. The driver knew this, but failed to warn the soldier, whose head was struck and he died.
Damages were awarded against the driver, the mate who accompanied him and the highway authority.
One important point lies in the fact that in certain circumstances the employer would be responsible for his employees' acts and might be liable for damages.
Items of interest from the above judgment are as follow:—Although the driver was giving a free lift he was bound to exercise reasonable care towards his passenger; the degree of reasonableness must vary according to circumstances; the passenger must also take reasonable care of, and for, himself; the driver owed a duty to warn his passenger of the danger known to him but not to the soldier.
Important points regarding the liability of employers in this respect are appended to the note, and are as follow: In the absence of a contract, the carrier will be liable to a 'passenger in the event of negligence being proved against him or his servants.
The usual form of commercial policy does not cover " free-passenger " risks and there is, therefore, a considerable potential liability on the carrier.
It must be tnade dear to any passenger that he is carried at his own risk.
If an employer raises no objection to passengers, he should (a) affix a prominent notice in the cab "Free Lifts at Passenger's Risk Only," and (b) instruct his drivers (i) to draw the attention of passengers to this and (ii) to inform them accordingly.
If an employer does not wish passengers to be carried, he should (a) display a prominent notice in the cab "Drivers have been instructed that passengers must not be carried; if, notwithstanding this instruction, persons are carded on the vehicle, it will be entirely at their own risk "; (b) display in all depots a similar notice addressed to drivers; (c) give written instructions to the same effect to each driver and obtain a signature of acknowledgment from him.
The following would further strengthen the position of employers: (a) A notice in the driver's cab to the effect that the driver has no authority to carry any passengers; and any person riding upon the vehicle will be regarded as a trespasser, the company will not be responsible for any loss or injury to him, and the driver will be liable to Instant dismissal; (b) a similar notice at the depots but addressed to the drivers.