The T.J. Hooper

Brief Fact Summary.

The tug towed the barges out to sea when they were hit by a storm, sinking several of the barges.  The evidence showed that none of the barges had radios, and the barges did not have working pumps.

Synopsis of Rule of Law.

Courts must exercise their discretion in deterring whether the standard of care was met under a particular set of circumstances.

Facts.

A cargo owner contracted with a barge owner to move the cargo.  The barge owner in turn contracted with a tug owner for services.  The tug towed the barges out to sea when they were hit by a storm, sinking several of the barges.  The evidence showed that none of the barges had radios, and the barges did not have working pumps.

Issue.

Were the tug and barge owners negligent?

Held.

Yes, the tug and barge owners were negligent for not having working radios and pumps.

Discussion.

Courts must discern whether the standard of care has been met because every situation is different. The court opines that that there are even some circumstances when even the social custom of doing so cannot excuse the failure to take a certain type of care, and thus must be a factual inquiry.