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A commercial flight or a common carrier one is expected to exercise the highest degree of care in its undertaking, in contrast to contract carrier operators who are only expected to perform their duties with the care expected from an average person. Thus, to prove that it is not liable, it has to show that indeed it exercised extraordinary diligence. Is the assumption of risk defense available to an airline to defend against lawsuits brought by injured passengers or the survivors of passengers killed in an airline crash? Why? No. the reason behind this is anchored on statistical evidence. ...
