IL · jury_instructions
Ill. Pattern Jury Instr. (Civil) 100.03
DUTY OF CARRIER TO PROTECT PASSENGERS FROM OTHER PASSENGERS
It was the duty of the defendant to exercise the highest degree of care consistent with the
type of vehicle used and the practical operation of its business as a common carrier by [rail, air,
etc.] to protect its passengers while they were on its [train, plane, etc.], or while boarding or
alighting therefrom, from [assault,] [injury,] [and] [abuse] from fellow passengers, of which it
knew, or should have anticipated, from facts and circumstances known to it. The failure of the
defendant to fulfill this duty is negligence.
[This obligation cannot be delegated to another. It is therefore not a defense for the
defendant that another person, including [i.e., police department] failed to protect the defendant's
passengers while they were on the defendant's [train, plane, etc.] from assault, injury and abuse
from fellow passengers, of which the defendant knew, or should have anticipated from facts and
circumstances known to it. Now, when I use the term “cannot be delegated” in these instructions,
I mean that the duty must be performed by the defendant and cannot be left to some other
person.]
Provenance
- Source
- illinoiscourts.gov
- Retrieved
- 2026-08-20
- Edition
- 2026-08-19
- Content hash
25fa3682ad17dacb1f54fa92c9dc475d91db5698f7f5d0c50d9e1eb686db6948
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