Titanic Case Analysis

The Titanic‘s construction began on March 31, 1909. On May 31, 1911, the ginormous ship has sailed. As on the night of April 14, 11:40 PM, lookouts spotted a large iceberg dead ahead. As the ship and the iceberg move towards each other, BOOM! The Titanic and the iceberg crashed like two middle schoolers in a hallway bumping into each other. A big total of 1,517 men, women, and children died along with the Titanic. Most killed themselves after the Titanic’s sinkage, and a total of 328 bodies were found. But who was to blame of the sinkage?

The Titanic was a ship that sunk during its maiden voyage in 1912. This big ship was on it’s way to New York when it struck an iceberg. It was believed to be “unsinkable” but that night it met it’s fate and sunk killing many passengers. As the story goes they say it’s the icebergs fault for the sinking of the ship. When in reality, the White Star Line was truly at fault for the sinking of the Titanic. They are responsible for this tragedy because they went full speed after ignoring six ice warnings. Not only that but they should've thought of the consequences when they decided to take off lifeboats for more room for luxury items. Then they weren’t prepared and never had any drills or safety procedures for if the ship were to sink.

The issue in this case as it relates to the Kentucky tort of negligence is governed by rules or principles established by the courts. The elements of negligence are a duty the defendant owes to the plaintiff, a breach of that duty by the defendant, a causal connection between the breach and the plaintiff's injury, and actual injury. In the absence of any one of these elements, no cause of action for negligence will lie.

Negligence is the most common type of liability case that healthcare organization face. It often occurs when a person fails to hold up to the accepted standards of behavior. There are four elements essential to proving negligence: 1. a duty of care, Duty is a legal obligation the defendant owes to the plaintiff. In a negligence case the duty is most commonly expressed as a general obligation to act with care in other words to conduct oneself as a reasonably prudent person would do in similar circumstances. 2. Breach of that duty: A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard.  A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries. Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witness which is usually the same witness who established the duty in the beginning. 3. injury: Damage or harm

No, the law of proximate cause does not apply in this circumstance. Therefore, the defendant is not liable for negligence.

RULE - Negligence occurs when an entity fails to exercise ordinary care to avoid injury to others. For a valid negligence claim the plaintiff must establish the following elements of proof: duty of care, breach of duty, cause in fact, proximate cause, and actual loss or harm. If the defendant can attack any of these elements they may successfully defend the negligence suit. The first element is establishing the presence of a duty of care owed by one party to another.

Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual (WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law, 2014).

The Titanic is one of the most famous ships known around the world as the once "unsinkable ship". April 15, 1912 the Titanic sank into the Atlantic Ocean on it's one and only voyage. The 825 ton ship can be found 400 miles off the coast of Newfoundland 12,600 feet below the Atlantic.

Do you know who’s to blame for the Titanic? The Titanic was the largest ship, at the time, and it was also told to be “unsinkable.” The Titanic belonged to The White Star Cross line, along with her sisters, Olympic and Britannic. The Titanic hit the iceberg April 14 and went down April 15th. J.Bruce Ismay is at fault for the sinking of the Titanic. Ismay is at fault because he owned the Titanic, he left the ship, he declined 48 lifeboats.

Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages.

The Titanic had one trip to do but during that trip a iceberg cut the ship on the side.

The elements of negligence are set forth in the case of Carr v. Union Pac. R.R. Co., ____S.W.3d____, 2011 WL 4489982 (Tex. App.-Houston [4th District] 2011 no pet.), as follows:

The first element in a negligence case is a duty, which means that the defendant must have some obligation, imposed by law, to protect the plaintiff from unreasonable risk.

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

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