United States v. Carroll Towing Co. 159 F.2d 169 (2d Cir. 1947)

Quick Summary

Carroll Towing gives us Judge Learned Hand’s test for negligence. Ask: Is the Burden (B) of a safety step less than the Probability of harm (P) multiplied by the Loss if harm occurs (L)? If B < P×L and you still skip the precaution, that is negligence. Here, having a bargee on board during working hours was a small burden compared to the risk and possible loss. So the barge owner shared fault.

Issues

• Can the barge owner be partly liable for the runaway barge and cargo loss because no attendant (bargee) was aboard when it broke free?

Rules

• No fixed rule about attendants; the test is reasonableness in context.
• Hand Formula: If B < P×L → failing to take B is negligent. If B ≥ P×L → not taking B may be reasonable.

Arguments

Judgment

The court found shared liability. Using the Hand Formula, it held the barge owner was partly negligent for having no attendant during active hours, because the burden of posting a bargee was less than the risk and possible loss of a drifting barge.

Ratio Decidendi

Reasonableness is a balance. If a reasonable person would take a modest precaution because the expected harm (P×L) outweighs the precaution’s burden (B), then not taking it is negligence.

Why It Matters

• Gives a workable test for negligence used in courts and classrooms.
• Shows contributory/fault sharing when multiple actors cause loss.
• Helps plan cost-effective safety in real operations.

Key Takeaways

• B < P×L → skipping B is negligent.
• No rigid “bargee rule”; it’s about context and risk.
• Shared fault is possible when several acts combine to cause loss.

Mnemonic + 3-Step Hook

Mnemonic: “Cheap Step? Take It.”

1. List B: What simple precaution is available?
2. Weigh P×L: How likely? How big is the loss?
3. Decide: If B < P×L, you must take B.

IRAC Outline

Issue: Are the appellants partly liable for the barge damage and cargo loss because no attendant was aboard?

Rule: B vs P×L — if a precaution’s burden is lower than expected harm, not taking it is negligence.

Application: Busy harbor + tug movements made breakaway risks real. A bargee could have acted quickly. B (attendant) was small; P×L (runaway + big loss) was high.

Conclusion: Appellants were partly liable; failing to post an attendant breached the standard of care.

Glossary

Hand Formula

A balancing test: Burden vs Probability × Loss to judge negligence.

Bargee

An attendant responsible for the barge when moored or in use.

Contributory Fault

When the plaintiff’s or co-defendant’s negligence also helps cause the loss.

FAQs

Related Cases