Torts Civil Liability

Bell-Work 1/23/17 If a driver is under the influence of alcohol while operating a motor vehicle and hits a person, killing them we would call this homicide. What if driver also hits another vehicle after hitting the person and before slamming his car into nearby house? Should the driver be held liable (responsible) for the repairs to both the house and the car and also responsible for pain and suffering of the family of the deceased? Why or Why not?

Learning Targets I can define the term "tort" and describe the purpose of tort law. I can explain the concept and purpose of liability. I can define and distinguish the three main categories of torts: intentional, negligent, and strict liability. I can identify the type of tort, if any that occurred, given a case scenario. I can identify those who can be sued in a tort action.

Chapter 17

Introduction A civil wrong committed is a tort Wrongs against the individual (Boe vs. Hamilton) Damages (remedy) are compensations for wrongdoing An act can be both a crime and a tort

The Idea of Liability Two Questions Who should be responsible for harm caused by human activities How much should the responsible person have to pay Torts occur when one person causes injury to another person, person’s property, or reputation Standards of Care – reasonable care which if failed to act in can result in liability Types of Fault – can have one without the other Moral Civil Settlement occurs when the two parties agree on a remedy without going to court Weighing the options Settle or Suit

The Idea of Torts: Yesterday, Today, and Tomorrow Based on Common Law (court decisions) Based on Statutes Balance between usefulness and harm (automobile)

Define reasonableness… Bell-work 1/24/17 Define reasonableness… Balancing the plaintiff’s need for Protection against the defendant’s claim of freedom to pursue his/her own ends.

Torts versus crimes Torts Crimes Purpose Compensation Punishment Standard of Proof Preponderance of Evidence Beyond a Reasonable Doubt Interests Violated Individual’s Interest Society’s Interest Procedural Rules Civil Rules Criminal Rules

Types of Torts Intentional Wrong – act completed with intent to injure person, property, or both Negligence – person’s failure to use reasonable care causes harm Strict Liability – activity so dangerous that there is serious risk even with greater than reasonable care Owners of dangerous animals People who engage in highly dangerous activities Manufacturers and sellers of defective consumer products

Taking Your Case to Court Introduction Injured party may sue the party who caused the damage Preponderance of Evidence – 50% of the weight of the evidence is in favor of one party or the other. Who Can be Sued Sue multiple individuals in the same suit Typically against the person with the greatest amount money Can sue minors, but must prove act unreasonable for person of that age and experience Some groups of people have immunity (family members, governments, government officials) Federal tort Claims Act – federal government can be held liable for negligent acts or omissions by government employees Class action has multiple plaintiffs injured by one action Settlement or damage award divided among the plaintiffs

Insurance Introduction Insuring a Car Workers’ Compensation Type of contract where the buyer (insured) pays premiums in exchange for payment of damages caused by the insured person Liability Insurance Malpractice Homeowners/Renters Car Without person is responsible for paying out of pocket (use Randy’s car accident as an example). Insuring a Car Workers’ Compensation

Intentional Torts

Bell-work

Introduction A person who wants to do a certain act and then does it is said to have acted with intent The required intent is do the forbidden act not a bad motive or a desire to cause harm.

Types of Damages Compensatory Damages - awarded against harm done (injury) by the defendant Nominal Damages – symbolic awards of wrong doing with no substantial injury Punitive Damages – awarded due to defendant maliciousness, willfulness, or because of an “outrageous” act Serves as warning to others Can be awarded even when compensatory damages are not warranted Legal Defense discuss legal defenses using criminal law book.

Torts that Injure Persons – reasonable person would perceive Battery – requires contact, is intentional harmful or offensive contact, does not require the will to cause harm or offense only the contact which resulted in assault Assault – intentionally placing someone in fear of an immediate harmful or offensive act. In Kentucky this section includes assault, stalking, terroristic threatening, menacing, and criminal abuse; battery is not mentioned specifically, but is included in the definition of assault. Reasonable or well-founded Infliction of Mental Distress Intentionally using words or actions that are meant to cause someone fright, extreme anxiety, or mental distress Certain business have a special obligation to deal with the public in a courteous manner. False Imprisonment – act of intentionally and wrongfully confining another person against their will. Torts Related to Defamation – false statements communicated to a third person Slander – oral statement Libel – written statement Proving the statement true is a defense, additionally opinions are typically protected under the First Amendment Public figures must prove actual malice (knowledge of falsehood or reckless disregard for the truth)

Torts that Harm Property Introduction Protects against the interference with the owner’s exclusive use of the property Protects against property being taken or damaged Real Property Trespass – occurs when a person goes onto another person’s property without permission, property owners have exclusive right to property. Nuisance – occurs when there is an unreasonable interference with the use and enjoyment of your property. Injunction – court order for a person to do or not do something specific. Reasonable care to protect others from harm on your property Trespassers are exempt from protection Children who are unable to appreciate dangerous conditions are still protected Businesses have a special duty to protect patrons.

Continued Personal Property Compensation to someone whose personal property is taken, damaged, or interfered with. Conversion – unlawful exercise control over another person’s personal property. Reasonable force to protect property

Intellectual Property Patents – invented intellectual property Never been invented before (novel) Lengthy process Rights to invention for 20 years Copyrights – forms of creative expression (such as books, music, and computer programs) Once permanent automatic copyright Lifetime of the author plus 50 years Spark of creativity Register by filling out the copyright form and sending two copies of the piece to the Library of Congress, cost $35 - $55. Indicate copyright with a ©, the year, and the authors name Owner has exclusive right to Copy the work Make similar but slightly different works Sell copies Display copies in public Perform the work Exceptions First Sale – purchaser of the original work may sell that copy (different than pirating or bootleg copies) Fair Use Infringement – use of intellectual property without the permission of the owner Public Domain – freedom to use and profit from a patented item

Fair Use Copy-right infringement has occurred, but was minor. Or the copy is considerable acceptable. Use of clips and pictures in academic material. Reason that anytime you use a piece of Intellectual Property that you credit the source. (Called a reference, work cited, or bibliography.)

Defenses to Intentional Torts Consent – plaintiff agreed to the harmful conduct and forfeited their right to sue Limited consent Spoken, written, or assumed Privilege – defendant’s interest (or the public’s) requires the conduct Legal Authority – police officers, parents, property owners Self-dense – defendant is attacked by plaintiff, then sued by plaintiff Reasonable force vs. Deadly force – is excessive unless victim’s life is in danger Defenders who become aggressors cannot claim self-defense Example – Man 1 hits Man 2, Man 2 returns the punch to subdue Man 1, self-dense Example 2 – Man 1 hits Man 2, Man 2 returns the punch to subdue Man 1, while Man 1 is subdued Man 2 continues to punch Man 1, no self-dense Defense of property – KRS § 503