Book Opener

Under Article 1,Section 8 of the U.S.Constitution, the U.S.Patent and TrademarkOffice (USPTO) ischarged with promotingthe advancement ofscience and the usefularts by providinginventors with exclusiverights to their respectivediscoveries for limitedtimes. Such protection isessential not only to thesciences, but tobusiness: According tothe USPTO, over half ofall U.S. exports dependon some form ofintellectual propertyprotection.Common Carriers of Passengers A passenger is a person whoenters the premises of a carrier with the intention of buying a ticket fora trip. A carrier must use reasonable care in protecting passengers. Thecarrier is not responsible, however, if injuries are not foreseeable orpreventable.A carrier’s duty of care to its passengers ends, in most cases, whenthe passenger leaves the carrier’s premises. An exception exists when acarrier has a continuing obligation for the care of its passengers, as inthe case of a cruise ship. In that instance, the carrier has a duty to warnpassengers of known dangers in places where they may reasonably beexpected to visit while on the cruise.Example 15. Mildred and Michael Kushner took a cruise shipto an island in the Caribbean. The members of the ship’s crewknew that there were areas on the island where tourists weresometimes robbed but did not warn the passengers of this danger.The Kushners were robbed while visiting one of these areas.The cruise ship had violated its duty to warn passengers of dangerand was susceptible to a lawsuit for the Kushner’s injuries.A common carrier must accept all persons who seek passage overits lines, with two exceptions. They may reject passengers when all availablespace is occupied or reserved, and when passengers are disorderly,intoxicated, insane, or infected with a contagious disease.Example 16. Howard Anderson, while in a railway coach, starteda disturbance that was displeasing to all and possibly dangerousto some. As the train slowed to about five miles per hour througha small town, Anderson was forcibly put off. He suffered an injuryand collected damages from the railroad company. The court heldthat although the carrier was justified in removing Anderson, thetrain should have come to a full stop before he was removed.Bumped Airline Passengers When an airline flight is overbooked,the airline must ask for volunteers to give up their seats for seats on thenext available flight. If there are not enough volunteers, other passengersmay be denied a seat. Airlines are required to establish and publishpriority rules for determining which passengers holding confirmedreservation space may be denied boarding on an oversold flight.Passengers who are denied boarding involuntarily, or “bumped,”may be entitled to compensation plus the money back for their tickets.If the airline can arrange alternative transportation that is scheduled toarrive at the passenger’s destination within one hour of the originalarrival time, there is no compensation. However, if the alternate flight378 Unit 3: Understanding Consumer Law