Under California law, a common carrier (also referred to as “carrier”) is a business entity, which offers to transport people or property from one location to another for profit. See California Civil Code § 2168. If you have been on a taxicab, commercial airplane, cruise ship, train, tram, or trolleybus – that means you have been a passenger on a common carrier. Buses are considered to be common carriers as well, and victims of bus accidents can use this legal principle against bus companies. In some circ*mstances, even an amusem*nt park can be classified as a common carrier. Additionally, in case of Uber & Lyft accidents, attempts have been made to characterize these rideshare service providers as common carriers.
In order to establish a common carrier’s liability for the injuries suffered by passengers, it is necessary to prove that the carrier was negligent. Compared to regular drivers, common carriers are held to a higher standard of care. The common carrier’s duty of care rises above the standard obligation to use “reasonable care” to avoid causing injury to others. Even a slight or minor negligence on the part of a common carrier will be sufficient to impose liability. The public policy behind this heightened standard of care applicable to common carriers is based on the following principle: serving the public is a privilege that involves a great responsibility.
Under California law, the elevated duty of care requires that common carriers:
- must use the highest and utmost care, vigilance, and diligence aimed at providing safe transportation of passengers;
- must provide everything that is needed for safe transportation; and
- in providing safe transportation, must exercise all care, skill, and foresight that can be reasonably exercised under the circ*mstances in order to avoid causing injuries to passengers.
See California Civil Code § 2100 and California Civil Jury Instructions (CACI) No. 902.
