United States v. Carroll Towing Co

In United States v. Carroll Towing Co., 159 F.2d 169 , 173 (2nd Cir. 1947), Judge Hand posited that a barge owners duty to ensure their vessel remains properly moored is a function of three variables: (1) The probability that the barge will break away; (2) the gravity of the resulting injury, if she does; (3) the burden of adequate precautions. Id. What is the "Judge Hand Rule" ? Under the Hand formula, one may be found to have acted unreasonably if the probability of harm multiplied by the gravity of harm is greater than the burden of adequate precautions against that harm or the importance of the interest sought to be advanced. Possibly it serves to bring this notion into relief to state it in algebraic terms: if the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B