Civil Law Unit 3 Torts

Terms Tort: Plaintiff: Defendant: Remedy: Damages:

Tort Law Problem 18.1 pg 214—work with a partner. Turn in. Tort law deals with 1. Who should be responsible (or Liable) for harm caused by human activity 2. How much should the responsible person have to pay?

Torts What does tort law provide?  Remedy—something to make up for the harm done  Usually takes the form of MONEY Tort law establishes  Standards of care that society expects from its members AND  Requires people to act with reasonable care toward people and their property

Liability Liability is  legal responsibility for harm Liability is NOT  the same as MORAL responsibility Tort law provides  a legal process to recover monetary damages from wrongdoers who cause them harm. What is a settlement?  Agreement b/t 2 parties about how to compensate the injured person Pg 214--read together in class (3 remedies)

Torts—Yesterday, Today, and Tomorrow History Common Law Usefulness v Harm Individual Choice Do: Case: p 217 a-d

Types of Torts Intentional Wrong  When a person acts with the intent of injuring a person, property, or both  May also be a CRIME Negligence  Unintentional & happens when a person fails to use “reasonable care” & somone/thing is harmed Strict Liability NNo need to prove intent AApplies to dangerous activities/items TThree categories: 1. Owners of dangerous animals 2. People engaged in highly dangerous activities 3. Manufacturers & sellers of dangerous products Do: Prob. 18.3, pp 218.

Taking your case to court Some acts can be a crime and a tort  Examples: Murder (wrongful death) Assault/battery Burden of Proof:  In a Criminal Case is Beyond a reasonable doubt  In a Civil Case is By a preponderance of the evidence “Deep Pockets” legal concept is Including in a lawsuit a person or organization who is best able to pay damages (many defendants)

Who can be sued? Children/minors  Prove that the child acted unreasonably for a person their age & experience Parents  For “non-supervision” of the minor/child Business Owners & Employees  Called: “Respondent Superior”  “vicarious responsibility” Many individuals harmed by one person/entity  Called: “Class Action”

Exxon Valdez Oil Spill

Lawyers in civil cases What attorneys do  File legal papers  Negotiate  Go to trial How attorneys are paid  Contingency fee  Fixed fee

Resolving tort cases out of court Dispute Resolution  Negotiation  Mediation  Insurance  Worker’s Compensation

Insurance Liability Insurance  Contract  Premium  Types: Malpractice Do: P 225, Problem 18.7 Automobile Insurance  Medical Coverage  Collision Coverage— deductible  Comprehensive Coverage  Uninsured/underinsured motorist

Worker’s Compensation Exclusive Remedy: $$ recovered is limited No other remedy can be sought Emotional damages, pain & suffering, etc. not covered by Work Comp

Intentional Torts Intentional Tort: (Review) Two Types of Intentional Torts:  Torts which cause injury to people  READ: pp  Torts which cause harm to property

Intentional Torts—Damages Compensatory Damages: Nominal Damages: Punitive Damages: No Damages: (legal defense)

Torts that injure people Assault & Battery Intent in tort cases Defenses for assault and battery cases:  Consent  Privilege  Self-defense

Torts that injure people Infliction of mental distress False Imprisonment DO: p 234 Bullying AA BB CC

Torts that injure people Defamation  Slander  Libel

Torts that harm property Tort law protects property in two ways: Real Property Personal Property

Real Property Torts Trespass Nuisance  Injunction When are you responsible?  Attractive nuisance

Torts that harm property (cont) What is your duty as an owner/occupier with any of these?  Trespasser  Licensee  Invitee Do: p 239 YOU BE THE JUDGE

Torts that harm property (cont) Personal Property  Conversion Deadly Force

Defenses to Intentional Torts Consent Privilege  Self-Defense Defense of property Do: p 248 YOU BE THE JUDGE

Negligence How does the law view negligence? What kind of wrongful conduct is classified as negligence?  Elements of negligence: 1. Duty 2. Breach of Duty 3. Causation 4. Damages  ALL ELEMENTS MUST BE PRESENT TO PROVE NEGLIENCE!

Negligence: Duty & Breach Reasonable Care Standard Who does this apply to? Relationships? Certain occupations? Do: p 252, Problem 20.1

Negligence: Causation Proving causation comes after proving duty and breach Causation:  Cause in Fact  Legal Cause (or Proximate)  Forseeable harm

Damages Once duty, breach and causation are proved, the last element to prove is damages Damages can be the following:  Hospital bills  Lost wages  Damage to property  Reduced future earnings  Pain & suffering  Mental distress  Permanent physical losses

Reasonable Person Standard Imaginary creature “the reasonable person of ordinary prudence or carefulness” NOT a typical, average individual The reasonable person acts the ways a community EXPECTS its members to act, not as they usually do act.

Behavior of a reasonable person The reasonable person 1. Considers … 2. Considers … 3. Considers … Professionals

Defenses to Negligence Suits Contributory Negligence Comparative Negligence  Counterclaim Assumption of Risk Immunity  Waive

Federal Tort Claims Act Allows Government to be sued for acts performed by employees Does not cover intentional or strict liability torts The President, Federal Judges, and members of Congress are immune from tort liability

Strict Liability Strict Liability is an exception to tort law: Strict Liability is applied to ultra- hazardous activities Storing or transporting dangerous substances Blasting Harm caused by dangerous animals Manufacture and sale of dangerous, defective consumer products Only must prove causation and damages!

Toxic Torts 1960’s consciousness was raised Previously, industrial manufacturers disposed of waste by dumping it into the nearest river/landfill Toxic Tort law was developed to allow injured parties to recover from industrial polluters if the parties could prove causation.

Animals When is a pet owner liable?  When the animal is inherently dangerous  If s/he knew or should have know that the “domesticated” animal was dangerous  “one free bite”—may NOT be free

Dangerous Products Product Liability: the legal responsibility of manufacturers and sellers for injuries caused by defective products they produce or sell Law: U.S. Consumer Product Safety Commission (1922)  Dalkon Shield  Vioxx

Defenses to Strict Liability Since the Plaintiff does not have to show duty nor breach of duty, these cases are “easier” to win Defense: Misuse: Clarification:

Tort Reform Tort law system should: Problems with tort suits: Tort Reform:  Cap on non-economic damages  Limitation on attorney's fees  Allows consideration of "collateral sources" in measuring damages Tort Reform (cont):  Mandates periodic payment of damages  The measure requires that all future damages over $50,000 be made in periodic payments. This substantially reduces the value of the award. How do Democrats and Republicans stand on tort reform issues?