When determining how whether the defendant has breached a duty, courts will usually use the Hand Formula (created by Judge Learned Hand in United States v. Carroll Towing ): If B < PL , then there will be negligence liability for the party with the burden of taking precautions The Learned Hand formula is an algebraic formula (B = PL), according to which liability turns on the relation between investment in precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident. This formulation of the negligence rule has come to be known as the Hand Formula. According to the chief Reporter, the Hand formula can accommodate both economic and fairness accounts of negligence law. This article revisits the case in which the Hand formula was born and examines whether Judge Hand’s ruling in that case Negligence of the custodian of a barge which broke loose from its mooring. Judge Learned Hand went on to conclude that, taking into account the surrounding circumstances (there were strong winds, the harbor was busy, and the ship's cargo valuable), the risk (PL) outweighed the burden of prevention (B). Abstract. The Hand Formula – BPL TEST Judge Learned Hand in US v. Carroll Towing Co. 159 F.2d 169 (2d Cir. Formula: Probability of risk (P); gravity of the resulting injury (Injury); burden of adequate precautions (B). 1947). Explain how the Learned Hand formula could be used to assess whether defendants who fail to provide a childproof lock on a car’s rear seat belt are liable for the death of a two year-old child who unbuckles the belt prior to an accident. Carroll towing occured during wartime and the issue was the alleged negligence of not having a person on board working as a barge attendant and the injruy was harm to the ship. particularly the Learned Hand rule- B
B Where P view the full answer F. In determining whether a defendant acted reasonably, the jury must consider the situation from the defendant's perspective. There was evidence that Ford could have corrected the hazardous Learned Hand is a process of determining whether the legal duty of care has been breached. B is the burden of taking adequate precautions; P is the probability of harm and; L is the gravity of the harm. Under the Learned Hand formula a cost/ benefit analysis is rejected. (1947) is canonized in the law-and-economics literatu re as the first use of cost-benefit analysis for determining negligence and assigning liability. Learned Hand used the following algebraic formula to explain breach of duty: B