Common Carriers: Responsibilities and Types

In any state in the country, common carriers are considered liable to their passengers for any injuries that they may sustain while using their services. A carrier, which receives compensation  in exchange for service rendered, must use the utmost care and diligence in order to secure their passengers, must provide everything necessary in order to ensure safety, and must exercise reasonable degree of skill to do that (California Civil Code § 2100).

The vehicles carriers provide then should also be safe (Civ. Code § 2101), the accommodation must be usual and reasonable, and the passengers must be given a proper attention and treated with civility (Civ. Code § 2103). California Legislature also declared that entities offering the public transportation of people, property, or messages (except telegraphic messages), is a common carrier (Civ. Code § 2168). To know more about the laws on common carrier liability, a person may seek counsel from a Los Angeles Personal Injury Lawyer.

But just who or what exactly are common carriers? According to the CA Book of Standard Civil Jury Instructions, an entity can be proven as common carrier if the following characteristics are present:

• The carrier maintains a regular place of business for the purpose of transporting.
• They advertise their services to the public.
• They charge standard fees for it.

However, carriers can also be considered common even if they don’t have a regular schedule of departures, a fixed route, or a transportation license (CACI 901). To be exact, here are some of the typical common carriers that people often use.

• Elevators – Found on commercial or even residential establishments
• Escalators – More commonly used on malls or department stores
• Airlines – Airlines which have regular passenger service schedules on definite routes are also considered common carriers
• Mule Trains – The court has ruled that mule trains are common carriers since they transport passengers for a fee over a designated route
• Ski Lifts – They are commonly used in ski resorts, but are also common carriers because they transport customers to a location around the resort. They are however exempted from regulations under the provisions of Public Utilities Code section 212

People should remember that common carriers are not the only ones who have a duty to care for others, everyone does. The failure to uphold that responsibility may result to injuries or wrongful death. Victims of accidents instigated by negligence should get help from a Los Angeles Personal Injury Attorney as they may be entitled to receive damages for what happened. Talk to one now by calling the Mesriani Law Group at (310) 826-6300.