Is a tour company responsible if I am injured during a guided tour?

What the Law Says

In California, businesses that provide services to the public—including tour companies—owe customers a duty of care to act as a reasonably prudent operator would under similar circumstances.

A tour company is considered a 'common carrier' if it transports members of the public for hire (e.g., bus, van, or boat tours). Under California law, common carriers owe passengers the highest degree of care and diligence for their safe transportation.

Even if not classified as a common carrier, general negligence principles apply: the company must avoid foreseeable harm by maintaining safe equipment, hiring qualified guides, providing adequate warnings, and supervising activities appropriately.

If the company’s failure to meet this standard causes injury, it may be held liable for medical bills, lost wages, pain and suffering, and other damages.

Statutory Text

A 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.

— California Civil Code § 2100 — Duty of carrier of persons for reward

Statutory Text

Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person.

— California Civil Code § 1714(a) — General principle of negligence

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