Charles Robison, an employee of West Star Transportation, Inc., was ordered to c

Question

Charles Robison, an employee of West Star Transportation, Inc., was ordered to cover an unevenly loaded flatbed trailer with a 150-pound tarpaulin (a water-proof cloth). The load included uncrated equipment and pallet crates of different heights, about thirteen feet off the ground at its highest point. While standing on the load, manipulating the tarpaulin without safety equipment or assistance, Robison fell and sustained a traumatic head injury. He filed a suit against West Star to recover for his injury. Was West Star "negligent in failing to provide a reasonably safe place to work, " as Robison claimed? Explain. [West Star Transportation, Inc. v. Robison, 457 S.W.3d 178 (Tex.App-Amarillo 2015)] (See Unintentional Torts-Negligence.)

Explanation / Answer

An unintentional tort is a civil wrong that is done accidentally not intentionallly.Unintentional tort are commonly referred to as negligence tort.

Here in the defendant the west star company usually causes the alleged accident because they have engaged in some sort of negligence and are not completely innocent in the situation.

negligence is the failure to act as an ordinary person would in similar circumstance.Avoidance of an unintentional tort requires the west star firm to take precaution to avoid carelessly causing harm to the employee.

Here it is a comparative negligence.This occurs when Robison also acts negligently and contribute to the accident and his own injury.Here Robison has not used the safety equipment while standing on the load.At the same time West star negligently allowed Robison to cover the uneven load.Here its a comparative negligence.If this defense is successful then Robison's award is decreased by a percentage.

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