Common Carrier Negligence
1Elements and Case Citations
To establish a claim for common carrier negligence, a plaintiff must establish that the defendant is a common carrier within the meaning of California Civil Code § 2168 as well as the common elements for negligence. See Huang v. The Bicycle Casino, Inc., 4 Cal. App. 5th 329 (2016).
A common carrier is anyone who offers to the public to carry persons, property or messages for hire. Squaw Valley Ski Corp. v. Superior Court, 2 Cal. App. 4th 1499, 1508 (1992); See also Cal. Civ. Code § 2168.
Factors bearing on a party's common carrier status include:
- whether the party maintained an established place of business for the purpose of transporting passengers;
- whether the party engaged in transportation as a regular business and not as a casual or occasional undertaking;
- whether the party advertised its transportation services to the general public; and (4) whether the party charged standard rates for its service.
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