Torts

Kinds of Torts There are two kinds of torts: intentional and negligent.

Two Basic Questions There are two basic questions in tort law: Who should be liable for the harm caused? What should be the damages/remedy?

Who can be sued? Individuals, groups, organizations, corporations, and (sometimes) the government are potential defendants. Plaintiffs look for defendants with “deep pockets.”

Intentional Torts

Kinds of Intentional Torts There are two kinds of intentional torts Injury to the person Injury to property

Intent Intent means the desire to act—it does not mean the desire to harm. If your friend pulls a chair out from under you as a joke, and you break your arm, this is an intentional tort, even though your friend did not mean to injure you.

Types of Damages Compensatory damages cover hospital bills, pain and suffering, and lost wages. Nominal damages are symbolic awards of money. Punitive damages punish the defendant for malicious, willful, or outrageous acts.

Torts That Injure Persons Battery—intentionally causing offensive contact. Assault—putting someone in fear of immediate harmful or offensive conduct. Infliction of Mental Distress—using words or actions that might cause fright, extreme anxiety, or mental distress.

Torts that Injure Persons False Imprisonment—intentionally and wrongfully confining another person against his or her will. Defamation—a false statement, communicated to a third party, causing harm to the plaintiff. Truth is a defense.

Torts That Injure Property Real Property Trespass is going onto another’s property without permission Nuisance is the unreasonable interference with the use and enjoyment of property. This is not a one time event.

Torts that Injure Property Personal property Conversion is unlawfully exercising control over someone else’s property

Torts that Injure Property Intellectual Property Patents protect inventions that are truly new. Copyrights protect ownership of creative expression (not ideas or facts) Using someone’s intellectual property without permission is called infringement.

Defenses to Intentional Torts Consent

Defenses to Intentional Torts Legal Authority—the police have authority to detain someone. Defense of Property—people may use reasonable force to defend property.

Who can be sued? Parents can be sued for negligence in supervising children. Certain groups are immune from liability (in general children may not sue their parents).

Who can be sued? The Federal Tort Claims Act allows people to sue the government for negligence (but not intentional torts). Class action lawsuits may be brought by a group of similarly situated plaintiffs.

Limiting Exposure to a Lawsuit Insurance contracts require the company to pay for damages caused by the insured. They may also cover damage caused by uninsured motorists. Malpractice insurance covers professionals, such as doctors and lawyers, from negligence damages. It does not cover intentional torts.

Limiting Exposure to a Lawsuit Unemployment insurance sets a schedule that workers can recover for injuries on the job. This is an exclusive remedy (the employee may not sue for damages)

Car Insurance Medical coverage pays for your own medical expenses, as well as passengers, no matter who is at fault. It amy be limited in the amount of coverage or the kind of expenses covered.

Car Insurance Collision coverage pays for damage to your own car, even if you were at fault. You probably have a deductible. Comprehensive coverage protects you from damage to your car caused by events other than collision, such as vandalism.

Car Insurance Uninsured motorist coverage protects you from other drivers who do not have insurance. No-fault insurance covers drivers for a certain amount, regardless of fault.