F. B is the burden of taking adequate precautions; P is the probability of harm and; L is the gravity of the harm. Through the results of the crash tests[,] Ford knew that the Pinto's fuel tank and rear structure would expose consumers to [the risk of] serious injury or death in a 20 to 30 mile-per-hour collision. 1947). F. In determining whether a defendant acted reasonably, the jury must consider the situation from the defendant's perspective. According to the chief Reporter, the Hand formula can accommodate both economic and fairness accounts of negligence law. The Learned Hand formula is an algebraic formula (B = PL), according to which liability turns on the relation between investment in precaution (B) and the product of the probability (P) and magnitude (L) of harm resulting from the accident. Judge Learned Hand’s opinion in United States v. Carroll Towing Co . Abstract. If PL exceeds B, then the defendant should be liable. The first page of Posner's casebook triumphantly exhibits the Learned Hand formula, showing that cost-benefit analysis is not only 'scientific,' but also based on precedent. There was evidence that Ford could have corrected the hazardous The Hand Formula – BPL TEST Judge Learned Hand in US v. Carroll Towing Co. 159 F.2d 169 (2d Cir. Under the Learned Hand formula a cost/ benefit analysis is rejected. Negligence of the custodian of a barge which broke loose from its mooring. When determining how whether the defendant has breached a duty, courts will usually use the Hand Formula (created by Judge Learned Hand in United States v. Carroll Towing ): If B < PL , then there will be negligence liability for the party with the burden of taking precautions Learned Hand Formula: Learned hand formula is an important process to assess negligence or fault. Explain how the Learned Hand formula could be used to assess whether defendants who fail to provide a childproof lock on a car’s rear seat belt are liable for the death of a two year-old child who unbuckles the belt prior to an accident. The Formula is P x L > B Where P view the full answer particularly the Learned Hand rule- B