Legal Definitions - passenger

A passenger is an individual who is traveling in a vehicle, vessel, or aircraft, but is not the person operating it (such as the driver, pilot, or captain) nor a member of its operating crew. Legally, the entity providing the transportation, known as the "carrier," generally owes a responsibility to ensure the safety of its passengers. This responsibility is referred to as a "duty of care."

However, legal systems sometimes differentiate between passengers who pay for their travel (often called "passengers for hire") and those who are traveling for free, such as a friend riding in a private car (sometimes referred to as "guest passengers"). In certain jurisdictions, specific laws known as "Guest Statutes" may restrict a guest passenger's ability to sue the driver for injuries if those injuries resulted from ordinary carelessness or simple negligence, rather than more serious misconduct.

• Example 1: Public Transportation
  Maria purchases a ticket to ride a commuter train to her office downtown. While the train is in motion, it suddenly brakes sharply due to the engineer's error, causing Maria to fall and sprain her wrist.

  Explanation: Maria is a passenger because she is an occupant of the train and not the engineer or a crew member. As she paid for her ticket, she is a "passenger for hire," and the train company, as the carrier, owes her a duty of care to transport her safely. Her ability to seek compensation for her injury would typically be governed by the standard duty of care owed to paying passengers.

• Example 2: Private Vehicle Travel
  David is driving his car, and his friend Sarah is riding along in the front passenger seat as they head to a hiking trail. David becomes distracted by a billboard, momentarily swerves, and hits a curb, causing Sarah to bump her head against the window.

  Explanation: Sarah is a passenger because she is traveling in David's car but is not operating it. Since she is not paying for the ride, she would generally be considered a "guest passenger." Depending on the state's laws, if a "Guest Statute" is in effect, Sarah might face limitations in her ability to sue David for her injuries if they were caused by his simple negligence (like momentary distraction), rather than more severe recklessness.

• Example 3: Commercial Air Travel
  A group of tourists is flying on a commercial airline from New York to London. During the flight, one of the passengers, Mr. Chen, is injured when an overhead bin unexpectedly opens during turbulence, dropping luggage onto his head. The airline crew had failed to properly secure the latch before takeoff.

  Explanation: Mr. Chen is a passenger as he is an occupant of the airplane and not part of the flight crew. As he paid for his ticket, he is a "passenger for hire," and the airline has a legal duty to provide a safe environment and exercise reasonable care, which includes ensuring all equipment, like overhead bins, is properly secured.