CACI No. 904. Duty of Common Carrier Toward Disabled/Infirm Passengers

Judicial Council of California Civil Jury Instructions (2020 edition)

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904.Duty of Common Carrier Toward Disabled/Infirm Passengers
If a common carrier voluntarily accepts an ill or a disabled person as a
passenger and is aware of that person’s condition, it must use as much
additional care as is reasonably necessary to ensure the passenger’s
safety.
New September 2003
Sources and Authority
• If a carrier voluntarily accepts an ill or disabled person as a passenger and is
aware of the passenger’s condition, it must exercise as much care as is
reasonably necessary to ensure the safety of the passenger, in view of his mental
and physical condition. (McBride v. Atchison, Topeka & Santa Fe Ry. Co. (1955)
44 Cal.2d 113, 119-120 [279 P.2d 966].)
Secondary Sources
2 Levy et al., California Torts, Ch. 23, Carriers, § 23.02[6] (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 109, Carriers (Matthew Bender)
2A California Points and Authorities, Ch. 33, Carriers (Matthew Bender)
2 California Civil Practice: Torts (Thomson West) § 28:6
606
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