Elderly v. Below average intelligence vi. B is the burden of taking adequate precautions; P is the probability of harm and; L is the gravity of the harm. But Judge Learned Hand ruled for the plaintiff. Physically disabled iv. Because almost no boats had radios, the tug's owner argued it was unreasonable to expect a radio on . Consequently, he held Connors liable. Learned Hand Formula: B < PL (burden, probability, magnitude) a. Sometimes not high enough (TJ Hooper–operator is liable without a radio even though it wasn’t the industry standard) b. The most common economic definition of negligence can be seen in operation in Judge Learned Hand's famous opinion, U.S. v. Carroll Towing Co., 159 F.2d 169, 174 (2nd Circuit 1947). Hand reasoned that the small cost of a radio, compared with its importance, made Defendant negligent in failing to carry one. Judged to a reasonable child of like age, experience and intelligence 2. In case you're wondering, "tort" is an Old French word meaning "very lengthy negligence fact pattern." Here, not talking about a warning -Plaintiff has the burden to show defendant was acting unreasonably. -But See U.S. v. Carroll Towing (where Learned Hand created the formula) where the burden was so small, keeping the bargee on the boat, that it has to be negligence. Finally, Part IV suggests the factors that should be weighed in such a balancing test, … the T.J. Hooper. In this case, J. Learned Hand used the following algebraic formula to explain breach of duty: B
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