CACI 904 Duty of Common Carrier Toward Disabled/Infirm Passengers

California Civil Jury Instructions CACI

904 Duty of Common Carrier Toward Disabled/Infirm Passengers


If a common carrier voluntarily accepts an ill or a disabled person as a passenger and is aware of that person’s condition, it must use as much additional care as is reasonably necessary to ensure the passenger’s safety.


Sources and Authority

If a carrier voluntarily accepts an ill or disabled person as a passenger and is aware of the passenger’s condition, it must exercise as much care as is reasonably necessary to ensure the safety of the passenger, in view of his mental and physical condition. (McBride v. Atchison, Topeka & Santa Fe Ry. Co. (1955) 44 Cal.2d 113, 119–120 [279 P.2d 966].)


Secondary Sources

2 Levy et al., California Torts, Ch. 23, Carriers, § 23.02[6] (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 109, Carriers (Matthew Bender)
2A California Points and Authorities, Ch. 33, Carriers (Matthew Bender)
California Civil Practice: Torts § 28:6 (Thomson Reuters)