Torts “ Civil Wrongs” Chapter 17 Civil Law - Torts Torts “ Civil Wrongs” Chapter 17

What are Torts? Criminal Law a wrong = a crime Civil Law a wrong = a tort Civil Law deals with wrongs made against an individual The Plaintiff seeks to win a Judgment against the Defendant Damages are then paid by the defendant

Tort Laws deals with 2 basic questions: Who should be held responsible (liable) How much should the responsible person have to pay?

Torts Occurs when one person causes injury to another person/property/reputation Tort law establishes standard of care that society expects from people. Law requires us to act with reasonable care …. Failure to results in LIABILITY

What does Tort Law provide? Remedy Something given up to make up for what was lost Usually $ Legal liability Exercising reasonable care toward people and property Settlement Compensation

Group Project – Problem 17.1 on page 197-198

Types of Torts Intentional Torts Negligence Acts with intent to hurt someone or property Ex. Smashing someone’s windshield Also good be a criminal act Negligence Most common tort Person fails to use reasonable care Ex. Drunk driver hits a pedestrian

3 groups of people face strict liability issues Activity so dangerous there is a risk of harm Ex. Demolishing a building a debris hits you 3 groups of people face strict liability issues Owners of dangerous animals People engaged in dangerous activities Manufacturers of defective products Problem 17.3 – page 203

Who Can Be Sued? Almost Anyone! Deep Pocket Theory Children? Should Parents be held liable for their children’s actions? “Deep Pockets” Theory – best ability to pay$$$

Is Anyone Immune From Being Sued …. Yes! Children vs Parents Husband vs Wife Federal and State Governments President/Judges/Congress

Other Issues Class Action Lawsuits Several People injured/harmed Hire Attorney to Represent You in a Lawsuit Most work on a Contingency Fee Receives a Percentage (30-40%) of the settlement

Insurance #1 Protection Against Lawsuits Protection Against Financial Loss Liability Insurance – Required in Most States, including Illinois Contract between insurer and the insured Agree to cover in exchange for premiums Set limits on what they will pay

Malpractice Insurance Insurance Protection for professionals Doctors, lawyers Many times large sums of $$$ awarded – premiums become very expensive

Homeowners/Renter Insurance Provides $ in case of loss to personal property Does not cover if damage was intentional by owner

Automobile Insurance Losses by auto accidents exceed $150 BILLION a year! Required in Most States (Illinois)

Different Types Liability (Required) – pays for loss to someone else/property. Also provides for representation in court. Limits placed on coverage 20,000/40,000/15,000 minimum (person) (per accident) (property)

Other Coverage Medical coverage – pays for medical $ Collision coverage- $ for damages to your car. $ for current value of your car Can be lowered by paying a deductible Comprehensive - $ for damages to your vehicle from other causes besides collision. Uninsured Motorist- protects from drivers not having insurance

Workman’s Compensation Available in every state System designed to compensate worker who is injured on the job. Usually receive 2/3 of salary, worker gives up right to sue Doesn’t cover if employee under influence, did not follow safety warning

Frivolous Lawsuits Lawsuits that clog the judicial system “Sue happy” mentality of public McDonalds Coffee Case Calls for Tort Reform Limit $ amount one can receive Limit number of times one can file suit http://www.youtube.com/watch?v=N-L18OrBqgY&feature=related http://www.youtube.com/watch?v=FXiHG_qyAJY&feature=related