Question: While Levin is operating a crane at a construction site, he looks away to take a drink. When he looks up, he discovers that he
While Levin is operating a crane at a construction site, he looks away to take a drink. When he looks up, he discovers that he swung a beam into the cab of the foremans truck, which the foreman had left in a restricted area. The courts find that Levin is 80% responsible for the accident and the foreman is 20% responsible. Under the doctrine of contributory negligence:
| Levin and the foreman must share equally in the cost of the accident. Levin must pay the damages because his job holds him to a higher duty of care. The foreman cannot receive any damages because he is partially responsible for the accident. The foreman will only have to pay 80% of the cost of damages. |
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