The Law of Torts I’m going to sue you!

Tort One person’s interference with another’s rights, either through intent, negligence, or strict liability. In criminal law when someone commits a wrong, it is called a crime. In civil law when someone commits a wrong, it is called a tort.

Tort lawsuits are brought by the injured persons themselves to recover money as compensation for the loss or injury suffered.

All people are entitled to rights Right to be free from bodily harm Right to enjoy a good reputation Right to conduct business without unwarranted interference Right to have one’s property free from damage or trespass Rights of special circumstances

Intentional Torts Assault Battery Trespass Nuisance Interference with contractual relations Deceit Conversion False imprisonment (false arrest) Defamation (of character) Invasion of privacy Misuse of legal procedure Infliction of emotional distress

Negligence Failure to exercise the degree of care that a “reasonable person” would have exercised in the same circumstances Unintentional tort Torts occurs most often in society [Filippini] Tell Grandma Joan’s story

Elements of Negligence 1) Duty of Care 2) Breach of Duty (reasonable person) 3) Proximate Cause 4) Actual Harm

1- Duty of Care Each of us in society has certain rights, the rest of us have the duty not to violate those rights. If the plaintiff cannot demonstrate that the defendant owed him or her a duty of care, then there is no need to look at the other elements of negligence.

2- Breach of Duty A person commits breach of duty to another person by not exercising the degree of care that a “reasonable person” would exercise in that same situation. “Reasonable Person Test” is an objective test. [Filippini] Tell Kevin’s Story

3- Proximate Cause Proximate cause is something that produces a result, and without which, the result would not have occurred. Foreseeability Test- “Was the injury to the plaintiff foreseeable at the time the defendant engaged in the unreasonable conduct?”

4- Actual Harm The plaintiff must show that he or she suffered some sort of actual harm. Without any actual harm, even the stupidest mistake or the most careless conduct will not result in liability for negligence.

Defenses to Negligence Contributory Negligence- negligence on the part of the plaintiff that assisted in causing the injuries. Comparative Negligence- negligence of each party is compared and award is based on a percentage of negligence. Assumption of Risk- the plaintiff knew of the risk involved and still took the chance of being injured

Strict Liability Activities that are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts. People engaged in those activities will be held liable, regardless of how careful they were and regardless of their intent.

Survival and Wrongful Death Statutes Survival statutes allow a lawsuit to be brought even if both the plaintiff and the defendant are deceased. Wrongful death statutes preserve the right to bring a lawsuit only if the death is caused by the negligence or the intentional conduct of the defendant.

Remedies for Torts Money Injunction- a court order issued by a judge ordering a person to do or not to do something.