US-CaliforniaWhat duty of care does a common carrier owe passengers in California?
In California, a common carrier owes passengers the highest duty of care — to use the utmost care and diligence for their safe transportation.
What the Law Says
California law imposes a heightened legal duty on common carriers when transporting passengers. This duty is stricter than the ordinary 'reasonable care' standard applied in most negligence cases.
Under California Civil Code section 2100, a common carrier of persons for reward must 'use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.'
This means the carrier must anticipate dangers that may not be obvious, maintain equipment rigorously, train employees thoroughly, and take all reasonable precautions — even those beyond what an ordinary person would do.
The law presumes negligence if a passenger is injured while being transported, shifting the burden to the carrier to prove it exercised 'utmost care.'
Statutory TextA carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.
— Civil Code §2100 — Duty of carrier of persons
What Courts Have Said
California courts have consistently reinforced that the 'utmost care' standard is more rigorous than ordinary negligence and applies regardless of whether the injury results from active conduct or passive omission.
While primarily a products liability case, the court reaffirmed that common carriers owe a non-delegable duty of utmost care to passengers under Civil Code §2100.
Held that a school bus operator (as a common carrier) was held to the utmost care standard, and failure to supervise students during boarding constituted a breach of that duty.
What to Do
If injured as a passenger on a bus, train, taxi, or ride-share in California, preserve evidence (photos, witness contacts, incident reports).
File a claim with the carrier promptly — many public carriers (e.g., Muni, BART) require claims within 6 months under Gov. Code §911.2.
Consult a personal injury attorney experienced in common carrier cases — the legal standard and procedural rules are specialized.
Do not sign releases or accept quick settlements without legal review — the carrier’s insurance may undervalue your claim despite the high duty owed.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.