JUNE 2006 - CALIFORNIA SUPREME COURT
The California Supreme Court recently ruled that an operator of an amusement park ride may be classified as a common carrier subject to heightened duties of care to protect patrons from harm. In so ruling, the justices of the California Supreme Court reinstated two causes of action which were based on common carrier statutes. [Cal. Civ. Code §§2100 & 2101]. Section 2100 provides that a carrier of persons for reward is required to use the utmost care and diligence for their safe carriage of patrons. Section 2101 requires common carriers to provide vehicles safe and fit for the purpose to which they are put and further states that a common carrier is not excused for default in this respect by any degree of care.
The Los Angeles Superior Court ruled that the Legislature did not intend for either of the common carrier statutes to apply to amusement park rides offered for the purpose of entertainment rather than transportation. The Court of Appeal and the California Supreme Court overruled the lower court's decision.
If you have sustained personal injury on an amusement park ride in the State of California, you should contact a California Personal Injury Attorney, a California Amusement Park Lawyer, a Los Angeles Amusement Park Lawyer, or an Anaheim Amusement Park Accident Lawyer for a free telephone consultation (http://www.rosensteinlaw.com).
RTR
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