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WPI 100.07 Conduct of Passengers—Right of Carrier to Eject

6 WAPRAC WPI 100.07Washington Practice Series TMWashington Pattern Jury Instructions--Civil

6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 100.07 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Washington State Supreme Court Committee on Jury Instructions
Part IX. Particularized Standards of Conduct
Chapter 100. Common Carriers
WPI 100.07 Conduct of Passengers—Right of Carrier to Eject
Passengers riding on a common carrier must conform their conduct to the ordinary and usual standards of passengers and to the carrier's reasonable rules and regulations.
The failure or refusal of a passenger to comply or to conform to such standards, or to such rules and regulations of which the passenger knew or reasonably should have known, gives the carrier [or a person assisting an agent of the carrier] the right to use such force as is reasonably necessary to put the passenger off of the vehicle taking into account the passenger's personal safety [so long as the vehicle has first been stopped].
[However, if you find that the carrier's employees were not justified in ejecting the plaintiff passenger, or that they used more force than was reasonably necessary, then the carrier is liable for such of plaintiff's damages as were proximately caused by such acts.]
NOTE ON USE
Use bracketed material as applicable. Use the bracketed third paragraph when there is an issue on the justification of the ejectment or the use of excessive force by the carrier's employee.
COMMENT
When the conduct or condition of a passenger makes it probable that there will be discomfort or annoyance to other passengers, it is the right and duty of a carrier's employees to remove such passenger. Backlund v. Puget Sound Traction, Light & Power Co., 86 Wash. 257, 150 P. 3 (1915). Cases from other jurisdictions hold that ejection may be based on disorderly, obscene, or dangerous conduct or on conduct resulting in discomfort or annoyance of other passengers. See 14 Am.Jur.2d Carriers §§ 1018, 1031, 1033 (2020). The WPI Committee has long used the phrase “ordinary and usual standards of passengers” in the instruction to address these circumstances.
RCW 9A.16.020(5) provides in part that the use of force by an employee or agent of a common carrier is lawful when used to expel a passenger “who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers.” Under the statute, the force must be reasonable, taking into account the condition of the passenger who is being ejected, and the vehicle must be stopped before the passenger is expelled.
“Vehicle,” for purposes of RCW 9A.16.020(5), “means a ‘motor vehicle’ as defined in the vehicle and traffic laws, any aircraft, or any vessel equipped for propulsion by mechanical means or by sail.” RCW 9A.04.110(29). Depending on the fact questions at issue, see WPIC 98.01 (Traffic Cases—Vehicle—Definition) and WPIC 98.02 (Traffic Cases—Motor Vehicle—Definition) as an aid to drafting an instruction if that would be helpful.
[Current as of February 2021.]
End of Document