Price, an aircraft mechanic employed by Flying Tiger, was seriously injured when the ladder’s legs split while he was climbing onto an airplane wing. What are Price’s rights against Shell and Flying Tiger?
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Shell Oil Company leased to Flying Tiger Line a gasoline tank truck with a movable ladder for refueling certain types of aircraft. Under the terms of the lease, Flying Tiger was to maintain the equipment in safe operating order, but Shell was obligated to make most of the repairs at Flying Tiger’s request. Four years after the lease was entered, Shell, at Flying Tiger’s request, replaced the original ladder with a new one built by an undisclosed manufacturer. Both Flying Tiger and Shell inspected the new ladder. Two years later, however, Price, an aircraft mechanic employed by Flying Tiger, was seriously injured when the ladder’s legs split while he was climbing onto an airplane wing. What are Price’s rights against Shell and Flying Tiger? |
Explanation
The court held in this case that the strict tort liability doctrine applies to the ones who bail and lease personal property, as well as to the vendors, aware of the fact that such a product is going to be used without checking for defects.
Similarly, this liability has been imposed on retailers and makers, is also going to be applied to the lessors. Both the accused parties are capable of bearing the cost of such loss by rental adjustment. Such a situation is best covered in the Uniform Commercial Code under Article 2A, dealing with leaseholds of goods.
Sample Response
Individual P is going to prevail in such a case, depending on the strict tort liability. So, Organization S and Organization F are going to have to bear the cost of physical harm to Individual P.
