California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 7 — Carriage, Chapter 5 — Common Carriers, Article 1 — Common Carriers in General, Section 2175

A common carrier cannot be exonerated, by any agreement made in anticipation thereof, from liability for the gross negligence, fraud, or willful wrong of himself or his servants.

Notes

Prohibits a common carrier from using an advance agreement to exonerate itself from liability for its own or its servants’ gross negligence, fraud, or willful wrong. Bars contractual exoneration made in anticipation of those forms of misconduct, so the carrier cannot avoid that liability through an agreement entered before the misconduct occurs.

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