Practice question
A paying passenger proves injury while being transported by a common carrier. The carrier insists that the passenger must identify the exact internal maintenance failure before any Article 1756 presumption arises. Resolve the asserted requirement.
- The passenger must own the bus
- Every mechanical detail must first be proved
- Only an eyewitness mechanic can sue
- The statutory presumption may apply without that additional direct proof
- The carrier is immune whenever the cause is initially unknown
Legal references
- Civil Code, Articles 1735, 1755-1756, 2176, 2179, 2184-2185 and 2214: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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