TITANIC The tort of negligence is NEGLIGENCE doing

TITANIC

The tort of negligence is: NEGLIGENCE • doing something that a person using ordinary care would not do, or • not doing something that a person using ordinary care would do.

• means the attention or skill that a reasonable person would use under similar circumstances. In order to prove negligence we must prove four elements: NEGLIGENCE Ordinary Care 1. that there is a duty of care owed to a person; 2. a breach of that duty occurred; 3. there is a reasonably close casual connection that causes injury (proximate cause); and 4. that injury causes actual damage or loss.

CONTRIBUTORY NEGLIGENCE fault by the Plaintiff, which in conjunction with the negligence of Defendant, causes Plaintiff's injury. Any amount of contributory negligence bars recovery, even a minuscule amount of negligence.

CARLA CHRISTINE JENSEN'S INFORMATION • Fiance • Unsinakble • Hans helped her • Only women & children • $25 a wekk

• Increase the knots for a record • Crucial part of the trip • 1 ice warning, later learned 3 warnings. SECOND OFFICER LIGHTTOLER • Captain Smith gave order of women & children • Told Jensen not necessary to help, but accepted it • Alcohol • Crowd control • Jensen got in and then out of the boat • Ordered the lowering

• Class • “Slight Interruption” • Jensen rash/hanging over • Alcohol • Interferring • Jumped

1912 • The law applied in this case has some of the aspects of the law of New York during the year of 1912, which is much more pro-company than is today's law. For example contributory negligence is no longer an absolute bar to plaintiff recovering. Most states now use some form of comparative negligence so that negligence by the plaintiff reduces the amount that the plaintiff can recover rather than barring all coverage as happens with contributory negligence.