“Common carriers must use the highest care in constructing, servicing, inspecting, and maintaining their vehicles and equipment for transporting passengers [or property]. A common carrier is responsible for a defect in its vehicles and
equipment used for transporting passengers [or property] if the common carrier: (a) Created the defect; or (b) Knew of the defect; or (c) Would have known of the defect if it had used the highest care. Common carriers must keep up with modern improvements in transportation. While they are not required to seek out and use every new invention, they must adopt commonly accepted safety designs and devices in the vehicles and equipment they use for transporting passengers [or property].”
[CACI Jury Instructions [citations omitted]]
