CALIFORNIA LEGAL CODE

California Civil Code § 2100

Common Carrier Duty of Utmost Care

PUBLISHED · UPDATED

Under California Civil Code § 2100, a common carrier — a bus, taxi, train, or rideshare that transports passengers for reward — must use the utmost care and diligence for passengers’ safe carriage, a higher standard than ordinary negligence.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

2100. 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.

Read the full, current section at the official source: Cal. Civ. Code § 2100 (leginfo).

In Plain English

  • Heightened duty: common carriers owe the utmost care and diligence — more than the ordinary reasonable-care standard.
  • Who qualifies: buses, trains, taxis, shuttles, and rideshare services carrying passengers for reward.
  • Must provide everything necessary for safe carriage and exercise a reasonable degree of skill.
  • Easier to prove liability: the higher standard means smaller lapses can establish a breach.

Key Terms Defined

Common carrier

A business that transports passengers for reward — buses, taxis, trains, rideshare — subject to the utmost-care duty.

Utmost care and diligence

The heightened standard of care § 2100 imposes on carriers — higher than ordinary negligence.

Reasonable degree of skill

The competence a carrier must exercise to safely transport passengers.

Purpose & Context

Section 2100 recognizes that passengers entrust their safety entirely to a carrier, so it imposes the highest practical duty of care. This makes it easier for an injured passenger to hold a bus line or rideshare accountable.

Real-World Example

A bus driver brakes abruptly and a seated passenger is thrown and injured. Because § 2100 requires the carrier to use the utmost care and diligence, even a modest lapse in caution can establish a breach and support the passenger’s claim.

Civil Code § 2100 at a glance

Civil Code § 2100 at a glance — Source: Cal. Civ. Code § 2100.
ItemRule
Standard of careUtmost care and diligence (heightened)
Applies toBuses, taxis, trains, shuttles, rideshare (passengers for reward)
Carrier mustProvide everything necessary for safe carriage
EffectSmaller lapses can establish a breach vs. ordinary negligence

Why 2100 Matters

For injured people & families

As a passenger, you are owed the highest standard of care — which makes a bus line, taxi, or rideshare easier to hold accountable when you are hurt. See our California bus accident lawyer page.

For defendants

Common carriers face a heightened duty, so conduct that might not breach ordinary care can still create liability under § 2100.

Frequently Asked Questions

What is a common carrier in California?

A business that transports passengers for reward — buses, taxis, trains, and rideshare — owing the utmost care under Civil Code § 2100.

Do rideshare and taxis owe a higher duty?

As carriers of passengers for reward, they are generally held to the heightened utmost-care standard of § 2100.

Why does the higher standard matter?

It means even a small lapse in caution can establish a breach, making liability easier to prove for injured passengers.

How long do I have to file?

Generally two years from the injury under CCP § 335.1.

Sources & Legal Authorities

Joseph Shirazi, Managing Partner at Compass Law Group

Joseph Shirazi — Managing Partner · California State Bar #265403

Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California.

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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).

Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.

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