Identify relevant law about common carrier liability

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Reference no: EM133938051

Question

Barbara Schultz, a 75-year-old native of Germany, immigrated to the United States in August 2008 to spend her remaining years with her beloved children and grandchildren in Everytown, USA. Although she speaks very little English, Barbara treasures her independence and lives by herself in an apartment. Barbara doesn't like to depend on her children for transportation and travels on the Everytown Friendly Bus to get her around town and visit her children.

On November 10, 2010, Barbara boards an Everytown Friendly Bus operated by Nicholas Driver at approximately 1:33 p.m. There were no passengers on the bus at the time it was boarded by Barbara. Barbara is traveling to visit her son Henry, his wife, and his three children. The bus must travel approximately 14 blocks before reaching Barbara's ultimate destination at a bus stop located three blocks from her son Henry's house. These facts are undisputed by the parties. The parties dispute the remaining facts.

Barbara's version: Barbara claims that she boarded the bus, grasped the handrails at the entrance to the bus, and took approximately five steps down the aisle to find a seat. She claims that the bus driver started to operate the bus before she reached her seat. The bus driver did not say anything to her before the accident. As a result, Barbara fell and broke her left arm. The accident occurred within 25 seconds after Barbara boarded the bus.

Bus Driver's version: Nicholas Driver insists that Barbara reached her seat. Within five seconds after Barbara went her seat, Nicholas Driver started to move the bus forward. Nicholas Driver does not understand or speak German. Approximately five seconds after he began to move the bus forward, Nicholas Driver was shocked to see Barbara abruptly get up from her seat and move towards the front of the bus. A sign in plain view of all passengers states: "STAY SEATED WHILE BUS IS IN MOTION." Nicholas tells Barbara to be seated, but Barbara has started to fall by the time he makes this statement. Through the rear mirror of his bus, Nicholas sees Barbara falling directly on her left arm.

Barbara sues the bus company. Everytown invites her attorney to present a demand letter setting forth its position.

You represent Barbara in this case. Would you please draft a demand letter explaining the basis of Everytown's liability and why Barbara's version of events is more persuasive than Nicholas Driver's?

In the demand letter, please identify the relevant law about common carrier liability with two cases.

You also discuss the reasons why Barbara is not at fault for the accident.

Reference no: EM133938051

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