What to do if you have an accident on a train?
First, bear in mind Article 184 of the Commercial Code which states: "In case of death or injury of a passenger, which occurred during transport by rail, the company is liable for full compensation for damages damages, notwithstanding any agreement to the contrary, unless he proves that the accident came to happen by force majeure or fault of the victim or a third party for whom the company is not liable. "
At the time the person takes the ticket, is concluded between the company and the passenger a contract of carriage. This contract involves the obligation of the carrier to drive safely travelers from place of origin to their destination. The only way for the carrier to escape liability is to prove that the accident came to happen by force majeure or fault of the victim or a third party who is not liable.
How I can complain if I take issue?
may initiate a civil suit against the company for damages suffered as a result of the accident. What is sought through the trial is to obtain monetary compensation would somehow compensate for the suffering endured. Be taken into account when determining the amount of it, the age of the victim, physical condition and disability suffered after the accident. The injured have one year from the time the event occurred to make the claim.
In Federal Capital, before filing a lawsuit of this kind is required to go through mediation (this is optional in the Province of Buenos Aires).
Mediation is a kind of informal meetings by a mediator (who is a lawyer) in which the two parties to a dispute are referred to reaching any agreement. This is a process that can lead to a resolution fast, economical and effective solution to the conflict in question. What there resolved is approved and takes the value of a judicial sentence.
How do you test for accidents in public transport?
First, always keep the ticket or ticket, as it is the key to prove that they used the services of the company. The story of witnesses to the fact also will be vital to test any type of incident.
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