Fullscreen
Loading...
 
[Show/Hide Left Column]
[Show/Hide Right Column]

The T.J. Hooper


Warning: count(): Parameter must be an array or an object that implements Countable in /home/caseris3/public_html/tiki/templates_c/en/en18b660cf6951a7bde07357befc24a4e5^7dcef9b82b529fce2c6efff6e6407b6762113e52.file.poll.tpl.php on line 32
The T.J. Hooper, 53 F.2d 107 (S.D.N.Y. 1931).

Facts
The plaintiffs were shipping two barges full of cargo, when the ships encountered a storm and all the cargo was lost. The plaintiffs ships were being accompanied by two tugboats, and the plaintiffs sued the owners of the two tugboats, claiming that the tugboats were not seaworthy because they were not equipped with effective radio sets that were capable of receiving warnings of storms. At the time of the incident, there was a statute enacted that required passenger steamers to carry such radios, but there was no statute for tugboats. The defendants claimed that they did not have a duty to carry radio sets.

Issue
Is a party not using new technology liable for damages if the new technology has been shown to be so extensive that it is basically a universal practice or custom?

Holding
Yes, a party not using new technology liable for damages if the new technology has been shown to be so extensive that it is basically a universal practice or custom. The court found that the standard for seaworthiness is an ever-changing standard, affected by advancing knowledge, experience, and changed applications of navigation.

Analysis
The use of the radio was shown to be so extensive as to amount to an almost universal practice in navigation. reasonable person standard. The customary way of doing things may itself be unreasonableā€”the law should not be bound by what has customarily been done. An entire calling may have unduly lagged behind in adoption of new and available devices


Contributors to this page: nyy298 .
Page last modified on Thursday 23 of December, 2010 03:02:33 GMT by nyy298.
The content on this page is licensed under the terms of the Copyright License.

Warning: count(): Parameter must be an array or an object that implements Countable in /home/caseris3/public_html/tiki/lib/smarty_tiki/function.show_help.php on line 23

Portions © 2006-2011 by Michael Risch, Some Rights Reserved | Copyright Notice| Legal Disclaimer