California Civil Jury Instructions (CACI) (2017)

906. Duty of Passenger for Own Safety

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906.Duty of Passenger for Own Safety
While a common carrier must use the highest care for its passengers’
safety, passengers need only use reasonable care for their own safety.
New September 2003
Sources and Authority
• This instruction is intended to clarify that passengers and common carriers have
different standards of care. Courts have addressed the potential for confusion in
this area when contributory negligence of the passenger is at issue: “As applied
to the standard of care imposed upon the common carrier as compared to the
standard imposed on the passenger it is both erroneous and misleading to tell
the jury, as was done here, that there are no degrees of negligence or
contributory negligence in California, since the common carrier is in fact held
to a higher degree of care than is the passenger. To follow this erroneous and
misleading statement with the instruction, in the identical language used in
another instruction concerning the defendant carrier’s duty of care, that ‘any
negligence, however slight,’ of the decedent proximately contributing to her
death would bar a recovery, was to inform the jury that in determining
negligence and contributory negligence they must apply the same standard of
care.” (Wilson v. City and County of San Francisco (1959) 174 Cal.App.2d 273,
276 [344 P.2d 828].)
Secondary Sources
2 Levy et al., California Torts, Ch. 23, Carriers,§ 23.07[1] (Matthew Bender)
11 California Forms of Pleading and Practice, Ch. 109, Carriers (Matthew Bender)
2 California Civil Practice: Torts (Thomson West) § 28:32