Negligence cases and their analyses have dominated our judicial system from its very inception. This can be attributed to the human need to find fault and administer blame for wrong-doings and the mere fact that committing negligence is so simple one may not even realize that it is being committed until one is served with court documents. For example, pretend your home has a very steep step leading to the front door. You are aware of this – after all, you live there – but you want to ensure the safety of all visitors to your home. Suppose each day you place a sign by the driveway that states, “Caution! Beware of steep step;” however, one day you decide to take a vacation and decide that is unnecessary to put the sign out for the duration …show more content…
Could the incident have been reasonably foreseen and could the presence of an employee have helped mitigate damages?
On June 20, 1943, Anna C was chartered from its owner, Conners Marine Company, to the Pennsylvania Railroad Company at a stated hire per diem. On January 4, 1944, around 2:15 PM, a negligent accident occurred which resulted in the sinking of the Anna C and all of her cargo being destroyed. The cargo aboard the Anna C – flour – was the property of the United States. At the time of year the accident occurred, daylight hours were shorter than normal and the weather conditions were not favorable (UNITED STATES et al. v. CARROLL TOWING CO., Inc., et al., 1947).
The negligence of the accident comes from a few different sources. Since the harbor conditions were uneasy and busy, the owner of the barge should have had a captain on board – at the very least – during daylight hours. The night before, the bargee left the Anna C at 5 PM and was still not present at the time of the sinking at 2:15 PM the following day. During this 21-hour gap, no bargee was on board when he should have been. Another negligent act was that the captain of the tug Carroll instructed the deckhand and harbormaster to inspect the lines on the tiers holding the barges to the Public Pier and Pier 52, including the Anna C. Since the harbormaster was employed by Grace Line, some fault lies with that company as well. Grace Line’s failure to add
One thousand five hundred and three people died in the sinking of the Titanic, but was it avoidable? The behemoth of a ship was supposed to be unsinkable; however, due to the Captain’s negligence, the speed of the ship, and not listening to multiple warnings it was sunk. Miss Jessie Allis Mary Goodwin, a twelve year old girl, lost her life due to the tragic sinking of the Titanic. Unfortunately, she died because she was a third class passenger so she was sealed in by the watertight doors.
Erik Larson’s argument is correct since he has so much evidence in the novel that explains the forces and reasons of the ship’s sinking and strongly analyzes his claims and directs quotes to support them. For example, “Perfectly safe; safer than the trolley cars in New York City..” “We just laughed it off, and said they would never get us, we were too quick, too speedy.”
For example, if an individual is speeding and hits a person crossing the street that is not on a designated cross-walk, the driver is considered criminally negligible for their actions. Although they did not intentionally hit the pedestrian, they were not abiding by the speed limit and therefore their careless actions caused the accident. Criminal negligence does not excuse an individual’s actions and they are still considered legally liable, but it is less serious than recklessness because the individual did not intentionally risk the lives of others, they simply did not foresee the possible dangers that could occur because of their actions. The failure to foresee the consequences is the hardest element to prove in criminal negligence because the it implies that the individual had a brief loss of common sense. The driver, for instance, should know that, by speeding, one’s time to react to certain situations may not be adequate enough to prevent an
Foss Maritime Company was the owner and operator of the Delta Mariner at the time of the accident. Being known for a safe working environment, they implemented regulations within its fleet that are not required among vessels navigating inland waters. Among these regulations are hiring contract pilots to be a part of the watch to aid the navigation of their vessels
died because the navy wasn't keeping an eye on them, and didn't worry when the ship was
“Remember the Maine!” The cry that could be heard throughout the United States and projected the Spanish American War into action. To what does this battle cry pertain? The mysterious explosion and sinking of the U.S.S. Maine on the shores of Havana, Cuba led to many investigations, much speculation, and eventually, the United States declaring war on Spain on the soil of Cuba. How did the U.S.S. Maine explode?
On August 9, 1967, a twenty-eight-year-old firefighter, Leopold Roy, was stabbed to death. His murder, which remains an unsolved case, would be the cause of the wrongful conviction of Romeo Phillion, who spent thirty-one years in prison for a crime he did not commit. On August 13th, Phillion was brought into the station for an charge not related to Roy’s case, and Roy’s wife Mildred told police that he resembled the man who attacked Roy. However, her inability to definitively identify him as her husband’s assailant resulted in Phillion’s release. Over the course of four and a half years, in which the police did not make any significant headings into the case, Mildred claimed three other men closely resembled
The oil companies were held responsible because they did not train their workers for emergency procedures and did not do any emergency drills. The Ocean Ranger could have survived the storm and flooding if the crewmembers had understood how the ballast system worked. The two men working in the ballast room had never been tested for what they had learned. The senior operator had only reached the halfway point in his training, but he was promoted. The Ocean Ranger did not have enough safety equipment on board for the amount of passengers they had. Families of lost crewmembers sued the companies that owned and operated the Ocean Ranger. The companies were forced to pay millions in lawsuits.
The explosions caused great damage. The Indianapolis took on a heavy water. Twelve minutes later, she rolled completely over, then her stern rose into the air, and she plunged straight down into the ocean. Some 300 of the 1,196 crewmen went down with the ship. With very scarce lifeboats and many without lifejackets, the remainder of the crew were set adrift. The navy blamed the sinking on the captain which was Butler McVay. They blamed this on him because he did not use a zig zagging maneuver. Which would have prevented this tragic
The role of an expert in a civil litigation trial is to offer evidence to prove a case. Expert witnesses are individuals who have special knowledge, training, or experience that qualifies them to offer expert opinions pertinent to the issues in the case. In a negligence lawsuit, involving a car crash an individual that reconstructs accidents would be a qualified expert. They could offer their opinion on several aspects of the accident. A person who has been in multiple car accidents in their life, would not qualify as an expert witness.
Unadulterated Comparative Negligence: Plaintiff's harms are totaled and afterward lessened to mirror his/her commitment to the damage. For instance, if an offended party was granted $10,000 and the judge or jury established that the offended party was 25% in charge of her harm, she would be recompensed $7,500.
The main idea of the law of negligence is to ensure that people exercise reasonable care when they act by measuring the potential harm that may foreseeably cause harm to other people. Negligence is the principal trigger for liability to ascend in matters that deal with the loss of property of personal injury. Therefore, a person cannot be liable for something unless they have been found negligent or have contributed to the loss of property or injury to the plaintiff (Stuhmcke, 2005). There is more to
The scenario is a horrendous string of coincidences that resulted in a tragedy. However, every party carries some responsibility for the eventual double amputation. This paper examines each of the parties, their possible liability and how that is covered by negligence law.
When analyzing this disaster the first thing to consider is the engineer’s design of the Titanic. The Titanic was employing many new and innovative designs that were believed to make the Titanic the safest ship ever built at that time. The engineer’s of the vessel made claims that the Titanic was “unsinkable” and that “even in the worst possible accident at sea, the ship should have stayed afloat for two to three days.” One of the features that lead them to this claim was the 16 watertight compartments in the hull of the ship. The way they were designed allowed for up to four compartments to be breached and they ship would still carry
Perhaps the greatest insight provided by my colleague's discussion is the deconstruction of the process by which the concept of negligence did ultimately emerge as a new tort standard. Here, the discussion illustrates the challenge before a judicial body when a legal conflict appears to bring about a new and previously unforeseen point of contention. In this case, as my colleague highlights so effectively, the charge of fraud would be the only theretofore existent way of legally addressing liability for a business or organization such as the defendant in this case. The great insight provided by my colleague is in acknowledgement of the exhaustive review of existing legal documents engaged by the ruling parties and arguing parties. This process demonstrates well that even where no precedent existing for what would become the charge of negligence,