3-7. Negligence
- Facts: Charles Robison, an employee of West Star Transportation, Inc., was ordered to cover an
unevenly loaded flatbed trailer with a 150-pound tarpaulin (a water–proof cloth). The load
included uncr
...
3-7. Negligence
- Facts: Charles Robison, an employee of West Star Transportation, Inc., was ordered to cover an
unevenly loaded flatbed trailer with a 150-pound tarpaulin (a water–proof cloth). The load
included uncrated equipment and pallet crates of different heights, about thirteen feet off the
ground at its highest point. While standing on the load, manipulating the tarpaulin without safety
equipment or assistance, Robison fell and sustained a traumatic head injury. He filed a suit
against West Star to recover for his injury.
- Issue: Was West Star “negligent in failing to provide a reasonably safe place to work,” as
Robison claimed?
- Law: Negligence is the failure to exercise the standard of care that a reasonable person would
exercise in similar circumstances. Comparative negligence is a rule in tort law, used in the
majority of states, that reduces the plaintiff’s recovery in proportion to the plaintiff's degree of
fault, rather than barring recovery completely.
- Discussion: Since Charles Robison is an employee of West Star Transportation, anything that
goes on during his work hours, West Star is responsible for them. In addition, West Star failed to
exercise the standard of care that a reasonable person would exercise, such as supplying safety
equipment or assistance, which makes them more responsible than the worker. As the incident
happened while the employee was working for the company, it is sure that Charles Robison will
receive the Workers’ Compensation.
On the other hand, it was not fully West Star Transportation’s fault. Charles Robison
should have known that safety equipment should have been on. Since both are at fault this would be a comparative negligence. West Star Transportation should take eighty percent responsibility
and the rest is for Charles Robison. West Star Transportation Inc. will only be responsible of
praying Charles Robison eighty percent of the damages because Robison did not take the extra
precautions to prevent this injury.
- Conclusion: West Star Transportation Inc. is responsible for Charles Robison head injury more
than himself. They will have to pay the health fee for Robison at the percent of their fault.
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