Tort Law and Product Liability, CHAPTER 14 Tort Law and Product Liability,

Introduction Torts are wrongful actions Through tort law, society seeks to compensate those who have suffered injuries as a result of the wrongful conduct of others Product liability is a major area of tort law under which sellers can be held liable for defective products A growing body of law is designed to protect the health and safety and the credit of consumers

The Basis of Tort Law Wrongs and Compensation One Person or Group Brings Suit against Another Obtain compensation (money damages) Other relief for harm suffered Purpose of Tort Law Is to Provide Remedies Invasion of protected interests or rights Elements of a Tort Points that plaintiff must prove to succeed Learning Objective: What a tort is, the purpose of tort law, and the basic categories of torts.

Intentional Torts Requires Intent Tortfeasor: The Person Accused Intended the consequences of an act Knew or should have known that certain consequences would result from an act Fall into Two Categories Against persons Against property

Intentional Torts Intentional Torts against Persons Assault Act intended to cause an apprehension of harmful or offensive contact Act caused apprehension in the victim that harmful or offensive contact is imminent

Intentional Torts Intentional Torts against Persons Battery An intent to cause an unwanted contact The unwanted harmful contact Compensation Defenses to assault and battery Consent Self-defense Defense of others Defense of property

Intentional Torts Intentional Torts against Persons False Imprisonment Intent to confine or restrain a person Actual confinement in boundaries not of the plaintiff’s choosing Intentional Infliction of Emotional Distress Outrageous conduct by the defendant Intent Severe emotional distress suffered by the plaintiff with the emotional distress being caused by the defendant’s conduct

Intentional Torts Intentional Torts against Persons Defamation Wrongfully harming a person’s good reputation Slander: breaching this duty orally Libel: breaching this duty in writing The publication requirement Defenses against defamation Truth Privileged communications Made without actual malice

Intentional Torts Intentional Torts against Persons Invasion of the right to privacy Use of person’s name, picture, or likeness for commercial purposes without permission Intrusion into person’s affairs or seclusion Publication of information that places person in false light Public disclosure of private facts about individual that ordinary person would find objectionable

Intentional Torts Intentional Torts against Persons Appropriation Use by one person of another person’s name, likeness, or other identifying characteristic without permission and for the benefit of the user

Intentional Torts Intentional Torts against Persons Misrepresentation (fraud) Intentional deceit for personal gain Elements of fraud Misrepresentation of facts or conditions with knowledge that they are false or with reckless disregard for the truth Intent to induce another to rely on the misrepresentation Justifiable reliance by the deceived party Damages suffered as a result of the reliance Causal connection between the misrepresentation and the harm suffered Fact versus opinion

Intentional Torts Intentional Torts against Persons Wrongful interference Wrongful interference with a contractual relationship Valid, enforceable contract exists between two parties Third party knows that this contract exists Third party intentionally causes either of the two parties to breach the contract

Intentional Torts Intentional Torts against Persons Wrongful interference Wrongful interference with a business relationship Defendant knew or had reason to know that a third party and the plaintiff are in a business relationship Defendant intentionally interfered in the relationship Defenses to wrongful interference

Intentional Torts Intentional Torts against Property Trespass to land Trespass criteria, rights, and duties Defenses against trespass to land Trespass to personal property Conversion

Negligence Negligence occurs when someone suffers injury because of another’s failure to live up to required duty of care Elements Defendant owed a duty of care Defendant breached that duty Plaintiff suffered a legally recognizable injury Defendant’s breach caused the injury suffered Learning Objective: The four elements of negligence.

Negligence The Duty of Care and Its Breach Reasonable person standard The duty of property owners Duty to business invitees Open and obvious risks The duty of professionals Medical malpractice Legal malpractice

Negligence The Injury Requirement and Damages Legally recognizable injury Clearly establish a basis for recovery Compensatory damages Compensate or reimburse for actual losses Punitive damages Punish the wrongdoer and deter others from similar wrongdoing

Negligence Causation Wrongful activity must have caused harm Court must address two questions Is there causation in fact? Was the act the proximate cause of the injury? Both must be answered in the affirmative for liability in a tort to arise

Negligence Defenses to Negligence Assumption of risk Superseding cause Plaintiff voluntarily enters into a risky situation, knowing the risk Superseding cause Unforeseeable intervening event may break the connection between wrongful act and injury to another Contributory and comparative negligence Contributory: plaintiff was also negligent Comparative: liability for injuries is shared proportionately by all parties who were guilty of negligence

Negligence Special Negligence Doctrines and Statutes Negligence per se Action or failure to act in violation of statutory requirement Special negligence statutes Good Samaritan statutes Dram shop acts

Cyber Torts: Defamation Online Liability of Internet Service Providers Communications Decency Act Internet service providers are not liable for defamatory statements Piercing the Veil of Anonymity ISPs can disclose personal information about their customers only when ordered by a court Rights of plaintiffs are balanced against defendants’ rights to free speech

Strict Liability Liability Is Imposed for Reasons Other Than Fault Abnormally Dangerous Activities Potential harm of a serious nature to persons and property Involves a high degree of risk Not commonly performed in the community or area Basis of Liability The creation of an extraordinary risk Learning Objective: What is meant by strict liability and the underlying policy for imposing strict product liability.

Product Liability Theories of Product Liability Product liability based on negligence Manufacturer fails to exercise due care to make product safe Product liability based on misrepresentation Manufacturer or seller misrepresents quality, nature, or appropriate use of a product Strict product liability Manufacturing defects Design defects Warning defects

Product Liability Defenses to Product Liability No duty to warn against obvious or commonly known risks Assumption of risk Product misuse Comparative negligence Learning Objective: What defenses can be raised in product liability actions.

Summary Two notions serve as the basis of all torts: wrongs and compensation. A tort is a civil wrong. Torts fall into two broad classifications: intentional torts and negligence. Intentional torts occur when the actor intended to perform an act that resulted in an injury to a protected right of another party

Summary Negligence is the careless performance of a legally required duty or the failure to perform a legally required act. General tort principles are extended to cover cyber torts, or torts that occur in cyberspace, such as online defamation. Under the doctrine of strict liability, a person or company may be held liable for damages or injuries caused by a product or activity.

Summary The makers of products can be liable for injuries and damages caused by defective products. Statutes, agency rules, and common law judicial decisions that serve to protect the interests of consumers are classified as consumer law.