In Churchman v. Bay Area Rapid Transit District, published August 28, 2019, the First District Court of Appeal, Division 5 affirmed dismissal after demurrer. While the plaintiff was standing on a BART platform, the opening and closing of doors on opposite sides of the cars, partially inaudible and confusing public address announcements, and abrupt turns and moves by passengers trying to board a train created a confusing situation for the plaintiff. These factors allegedly caused the plaintiff to lose her balance and fall. The plaintiff sued the defendant district for violating its duty as a common carrier under Civil Code sectoin 2100 et seq. The trial court sustained the district's demurrer without leave to amend.
The appellate court held that while the common carrier statutes may serve as a statutory basis for public entity liability, a common carrier's duty does not extend to protecting passengers waiting on or passing through a train platform from injuries caused by ordinary risks of a busy train platform.