CACI 905 Duty of Common Carrier Toward Minor Passengers
California Civil Jury Instructions CACI
905 Duty of Common Carrier Toward Minor Passengers
If a common carrier voluntarily accepts a child as a passenger, it must use as much additional care as is reasonably necessary to ensure the child’s safety.
Sources and Authority
•A common carrier owes a greater duty of care to minor passengers: “It is settled law that a carrier owes a greater quantum of care to a child of tender years accepted by it as a passenger than it would to an adult.” (Brizzolari v. Market Street Ry. Co. (1935) 7 Cal.App.2d 246, 248 [46 P.2d 783].)
•“In this instruction, the court admonished the jury that a carrier of passengers owes to children who are passengers on its cars a greater degree of care than it owes to adults. Such an instruction is proper.” (Mudrick v. Market Street Ry. Co. (1938) 11 Cal.2d 724, 734 [81 P.2d 950].)