Chapter 18

Understand the primary goals of tort law: (1) fair and efficient settlement of disputes; (2) compensation for those suffering damages; (3) deterrence and (4) allocation of risk Be able to define key vocabulary terms, including plaintiff, defendant, liable, damages, remedy, judgment and settlement Understand the three key categories of torts: intentional torts, negligent torts and strict liability torts Recognize how and why employers can be held liable for the torts committed by employees (vicarious liability) Learn the basic features of insurance policies, and the purpose they serve in society and in the civil law system

Mrs. Johnson tells her daughter, Nicole, to shovel the sidewalk. Nicole refuses. That evening, her father falls on the slippery sidewalk and breaks his leg. Nicole’s parents ground her for a month. If you are Nicole, would this punishment be likely to get you to shovel the sidewalk next time you are asked? Suppose instead of grounding for a month, Nicole’s parents take half of her college fund to cover medical bills and the father’s lost wages. Can Nicole stop this? How likely would the taking of “your” money be to get you to shovel the sidewalk next time?

We have already studied crimes. A crime is a “public” wrong committed against society (in addition to the specific victim) A tort is a “private” wrong committed against an individual The same conduct can be both a tort and a crime

In what ways are torts different from crimes? Parties Burden of Proof Remedies What is the most common remedy in a tort case?

Tort law is designed to answer two critical questions: Who is liable for harm caused by the activity in question? How much should the liable person have to pay? (damages) What are the goals of awarding damages? Compensation Deterrence In some cases, punishment

Example 1: Mary carelessly runs a red light and hits Tim’s car, damaging both the car and Tim. Negligent tort--negligence Example 2: Ben gets mad at Bart and punches him in the nose. Intentional tort—assault Example 3: Joe takes an over-the- counter medication and has an adverse reaction Strict liability tort—defective (unreasonably dangerous) product

In tort cases, liability may exist against: One or more defendants The plaintiff (comparative negligence) Third parties (“empty chair” defense) The goal of the plaintiff’s attorney is to find a hold a “deep pocket” liable Daingerfield/Lone Star Steel Case Cases such as this are a major driving force behind “tort reform” legislation Problem 18.1

Minors can be sued—standard is “did the child act unreasonably for a person of that age/experience” Parents can also be sued for negligent supervision Sovereign Immunity (“The King can Do No Wrong!”) Waiver—Federal Tort Claims Act Are employers liable for negligent torts committed by employees? Generally yes—respondeat superior Class actions Contingent Fees

Liability insurance—protects the insured against liability for negligent torts Auto is the most common example CGL (comprehensive general liability) is carried by most businesses Usually includes coverage for defective products Intentional torts are usually not covered Malpractice insurance—specialized insurance for professionals (doctors, lawyers, etc.) Coverage up to policy limits Stowers Doctrine—extra-contractual liability

Answer the following questions; submit for class participation credit: What are the four main purposes of tort law? Identify three ways that tort law differs from criminal law. What are the three main categories of torts? Are employers liable for negligent torts committed by employees? Are employers liable for intentional torts committed by employees? Can minors be held liable for torts? What standard applies? Can insurance companies be held liable for damages in excess of the policy limits?