TITANIC LIABILITY Essays (1490 words) - Film, Academy Awards

TITANIC LIABILITY April 14, 1912, the ship that even God could not sink met an untimely demise. The "unsinkable" R.M.S. Titanic set out on its maiden voyage to ferry 2,227 men, women and children to America from Southampton. Some of the wealthiest people on the planet were passengers on the ship while others were simple folk traveling in search of a better life for themselves and their families. The following is an account used as a "mock" trial developed by the Anderson, Kill Olick, P.C. law firm to explore a case of tort for negligence in Jensen v. White Star Line. Hans Jensen, a 20-year-old carpenter, and his fiance' Carla Jensen, her brother, Svend, and her Cousin, Niels, were traveling on the "unsinkable" R.M.S. Titanic to The United States. Hans had hoped to make a better wage in America. Hans and Carla shared the same last name but were neither related or married at this time. Because of this, Carla resided in the back part of the ship on Deck F with the other single women, while the boys were stationed on the opposite side of the boat. The facts show that the Titanic was warned well enough ahead of time of possible icebergs and impending danger ahead. The ship did not alter its course or speed. At the time the Titanic hit the iceberg, and the evacuation of the ship began, Hans was already on the top deck helping to load lifeboats. He grew concerned when he did not see his fiance' and began to search for her. Hans found Carla and helped her navigate the subdued crowd to the lifeboat area. He remained with her until she was placed on the boat and was gently lowered into the water below. Hans made a commitment to Carla that he would reunite with Carla in a few days. Alas, he never made it to New York, and his body was never found. Hans and Carla made a wise decision before departing, they choose to create their separate wills before the voyage. Hans named Carla as his sole beneficiary and estate executor. Because of this legal document, Carla takes Hans place as his estate's representative and plaintiff against White Star Lines. Carla Christine Jensen(Hans Jensen's fiance') sued on his estate's behalf. The defendant is WHITE STAR LINES and the witnesses, the Titanic's Second Officer Lightoller and Swedish military attache' Bjornstrom-Steffansson. The remedy being sought in the suit of Jensen v. White Star is compensatory damages to Mr. Jensen's estate for his death. The lawsuit claims the following: physical injuries and the pain and suffering Hans incurred as he froze to death in the cold waters of the North Atlantic, the emotional and anguish of knowing he was going to die which would leave his fiance' alone, and the financial losses for the wages he would have earned performing carpentry work. The plaintiff explained that the White Star Line was grossly negligent and how it was responsible for killing almost 1,500 children, women, and men many of whom were third class passengers including Hans Jensen. The plaintiff also sought punitive damages as punishment of White Star Lines for its wanton and reckless behavior of failing to operate and control the Titanic properly. Not only will punitive damages punish the company monetarily, but also hopefully deter a similar situation occurring in the future. Carla Jensen as the pl aintiff charged that White Star had been incredibly irresponsible in the duty of care for their passengers. She felt that White Star was negligent by failing to provide care as a reasonably careful person would have acted under the same circumstances. The White Star's reckless behavior of failing to properly operate and control the Titanic explain they had not cared about their duty to the passengers. Duty is defined as an obligation or conduct identified in the law as a reasonable behavior in light of a perceived risk. The White Star Line failed to conform to the required standard of care. The White Star Line and its agents, the crew of the Titanic, behaved in an unreasonable manner in many ways. They had the most modern ship in the world, equipped with a modern radio and