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Bus Injuries and Common Carrier Code

California Civil Code section 2100 provides:

“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.”

The duty imposed by section 2100 applies to public carriers as well as private carriers and requires them to do all that human care, vigilance, and foresight reasonably can do under the circumstances. (Acosta v. Southern Cal. Rapid Transit Dist. (1970) 2 Cal.3d 19, 27.) Common carriers are not, however, insurers of their passengers’ safety. Rather, the degree of care and diligence which they must exercise is only such as can reasonably be exercised consistent with the character and mode of conveyance adopted and the practical operation of the business of the carrier. Lopez v. Southern Cal. Rapid Transit Dist, 40 Cal.3d 780, 785 (Cal. 1985).

Who Is Responsible?

Because a lot of busses are operated by public entities such as the MTA, the Government Torts Claims Act and its special provisions, including deadlines, apply in a lot of bus cases.

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