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Transcript of Flight
Presentation on Torts and Liability in
by: Tyler Sauve, Julia Walker, Ben Luzar, and Deve Wishart
Airline captain Whip Whitaker awakens in his Orlando hotel room after a night of illicit activities.
He uses Cocaine to wake up.
The aircraft begins to fall apart.
NTSB performed a drug test while he was unconscious.
The night before the hearing, Whip caves and binge drinks
During the hearing whip is almost in the clear until he confesses to his intoxication.
This movie talks about Acts of god, Liability of common carriers and also criminal negligence. The rest of this presentation we will be discussing these issues.
A common carrier - a system that transports people for a charge
Transport without discrimination
Examples include buses, taxis, cruise ships, amusement parks, and airplanes.
The consignor ships by the common carrier
The consignee is the person the goods are shipped to
Bill of Lading
Bill of Lading - the receipt obtained by the shipper
Protects the shipper
Transferring a Bill of Lading
Duties of Common Carriers
Acceptance of goods
On time delivery
Common Carrier Rights
Right of reward
Right to retain the goods
Must serve all who apply
Liability of Common Carriers
Liability - state of being responsible for something
Carriers are liable for loss or damage unless they can prove it was due to:
An act of God
An act of public authority
Inherent nature of goods
Act of the shipper
Act of a public enemy
Common Carriers of People
Rights of common carriers of people
Private carriers - transports under special arrangements for a fee (planes, trucks, ships, trains, etc.).
Liable only for the loss from the failure to exercise ordinary care
Carrier's highest degree of liability lasts only during transportation.
The carrier is only liable during shipping
No longer liable when shipping is completed.
Consignee allowed a reasonable time to accept delivery of goods
Federal Aviation Administration
The FAA has the authority to regulate and oversee all aspects of American aviation:
Issuing, suspending, or revoking pilot certificates
Air Traffic Control
And any other complaints some might have.
To be proved negligent:
Duty (to exercise reasonable care)
Breach of duty
Cause in fact (of physical harm by negligent conduct)
Proximate cause (harm that is within the scope of liability)
Physical harm in the form of actual damages
Duty to exercise reasonable care
Relationship between plaintiff and defendant
Defendant required to exercise reasonable care
Breach of duty
Fails to exercise reasonable care
Decided by jury as a question of fact
Jury questions "did the defendant exercise reasonable care?"
Cause in fact
Did the defendant actually cause the injury of the plaintiff
"But for the actions of the defendant, the plaintiff's injury would not have happened.
(of physical harm by negligent conduct)
(harm is within the scope of liability)
Defendant is responsible for harms that could have been forseen
Plaintiff cannot prove proximate cause if the harms were outside the defendant's scope of liability
(in the form of actual damages)
Must be legally recognizable harm
Was Whip Negligent?
Breach of duty
Cause in fact
§ 91.17 Alcohol or drugs.
(a) No person may act or attempt to act as a crewmember of a civil air- craft—
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person’s faculties in any way con- trary to safety; or
(4) While having an alcohol con- centration of 0.04 or greater in a blood or breath specimen.
Northwest Flight 255
156 deaths 4 survivors
National Transportation Safety: Board Wing Flaps
Also equipment failed to notify the crew
Breach of Duty
Casue in Fact
National Transportation Safety Board
Is an independent federal agency
Charged by congress with investigating every civil transportation accident (e.g. railroad,
highway, marine, and pipeline.)
The NTSB determines the probable cause of the accidents and issues safety recommendations aimed at preventing future accidents.
"About the National Transportation Safety Board." About Us. N.p., n.d. Web. 03 Dec. 2014. <http://www.ntsb.gov/about/index.html>.
"What Is COMMON AND PRIVATE CARRIERS?" The Law Dictionary. N.p., n.d. Web. 03 Dec. 2014. <http://thelawdictionary.org/common-and-private-carriers/>.
"Private Carrier Legal Definition:." Private Carrier Legal Definition. N.p., n.d. Web. 03 Dec. 2014. <http://www.duhaime.org/LegalDictionary/P/PrivateCarrier.aspx>.
"What Is a Common Carrier?" Find Law. Thomson Reuters, 1 Jan. 2014. Web. Retrieved from: http://injury.findlaw.com/torts-and-personal-injuries/what-is-a-common-carrier.html
"Raynes McCarty Trial and Appellate Lawyers: Philadelphia Personal Injury Attorneys-Aviation Disasters." Raynes McCarty Trial and Appellate Lawyers: Philadelphia Personal Injury Attorneys-Aviation Disasters. N.p., n.d. Web. 03 Dec. 2014.
"Survivor of 1987 Mich. Plane Crash Breaks Silence." The Big Story. N.p., n.d. Web. 03 Dec. 2014.
"Elements of a Negligence Case - FindLaw." Findlaw. N.p., n.d. Web. 03 Dec. 2014.
"Legal Dictionary - Law.com." Law.com Legal Dictionary. N.p., n.d. Web. 03 Dec. 2014.
"Tort." Legal Information Institute. Cornell University Law School, n.d. Web. 3 Nov. 2014. <http://www.law.cornell.edu/wex/tort>.
507 U.S. 197 (113 S.Ct. 1178, 122 L.Ed.2d 548) Sandra Jean SMITH, Petitioner v. UNITED STATES. No. 91-1538.
Torts are civil wrongs
They have caused damage or harm of some sort
Mainly used in civil offenses
Primary use of tort law is to provide relief
Can be used to compensate for present or future damages
Loss of earnings
Loss of capacity
Pain and suffering
Types of Torts
Strict liability torts
Estate of Bradley v. Kent County Sheriff's Dep't
-Michigan Supreme Court
Sarah Jean Smith, Petitioner v. United States
Common Law System/Statutory Law
"Restatement of Torts" by the American Law Institute
Whip - negligent tort
Causation in Fact