Law For Personal And Business Use Chapter 6 - Personal Injury Laws

What Is A Tort? A private or civil wrong Offense against the individual If commit a tort, can be sued and obtain a judgment for money damages Offense can be tort and crime Personal Injury Laws 2

Elements Of A Tort Four elements of a tort Duty Breach Legal obligation to do or not to do something Breach Violation of duty Intentional torts—mental state at time of breach Negligence—based on carelessness Strict liability—simply that a duty was violated and caused injury Personal Injury Laws 3

Elements Of A Tort Four elements of a tort (cont.) Injury Causation Harm that is recognized by law Causation Proof that breach caused injury Proximate cause Natural or foreseeable cause of injury Personal Injury Laws 4

Who Is Responsibility For A Tort? All persons responsible and liable for their torts Children over 7 Insane persons Vicarious liability Responsibility for the torts of another Employer for employee’s torts at work Parents for minor’s torts in some states Damages while operating motor vehicles Personal Injury Laws 5

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What Are Some Common Intentional Torts? Assault Threat and ability to carry it out No actual physical contact Battery Harmful or offensive touching Trespass of Land Going on or causing something to go on someone’s property Personal Injury Laws 7

What Are Some Common Intentional Torts? Defamation Injury to reputation by false statements Spoken – slander Written – libel To be legally defamatory Must be false Must be communicated to third party Must bring victim into disrepute, contempt, or ridicule Exception: public officers or personalities Without malice Immune: legislator’s statements, judges, lawyers, jurors, witnesses Personal Injury Laws 8

What Are Some Common Intentional Torts? Invasion of privacy Unwelcome or unlawful intrusion to cause mental or emotional injury Not unlimited Commercial exploitation Illegal eavesdropping Interference with telephone calls Unauthorized opening Letters, telegrams Personal Injury Laws 9

What Are Some Common Intentional Torts? False imprisonment Depriving person of freedom of movement without consent and without privilege Conversion Wrongfully depriving another of possession of personal property Steals, uses, or destroys Personal Injury Laws 10

What Are Some Common Intentional Torts? Interference with business and right to contract Invasion of right to conduct business Fair competition is legal Fraud Intentional misrepresentation of an existing important fact Must be relied on Cause financial injury Personal Injury Laws 11

What Is Negligence? Most common tort Doing something a reasonable person would not do Failing to do something a reasonable person would do Breech of duty recognized by law Breech must be the proximate cause of the injury Personal Injury Laws 12

What Types Of Liability Are There? Absolute (Strict) liability Responsibility for injury regardless of negligence or intent Conducting unusually dangerous activities Bringing dangerous animals into city Non-domesticated animals Domesticated animals One bite rule Employing workers injured on the job Workman’s compensation claims Personal Injury Laws 13

What Types Of Liability Are There? Strict (Product) liability Responsibility for injury by defective product regardless of negligence or intent Requires proof of danger Not defenses Warranty expired Contributory negligence Manufacturer and seller are responsible Personal Injury Laws 14

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What Is The Liability For Torts? Compensatory damages Money to return person to same position as before the tort Contributory negligence No damages awarded if plaintiff didn’t use proper care to avoid injury Comparative negligence Damages awarded in proportion to the plaintiff’s negligence Personal Injury Laws 16

What Is The Liability For Torts? Punitive or exemplary damages Added to punish or make an example Must be an intentional tort Nominal damages When there is no actual injury Token amount To prove a point Personal Injury Laws 17

What Is The Civil Action Procedure? Filing of plaintiff’s complaint Summons and complaint served Defendant files answer No answer, default Pleadings Discovery procedures Obtain facts from opposing party and witnesses Personal Injury Laws 18

What Is The Civil Action Procedure? Deposition Opposing party and witnesses Pretrial questioning under oath Can be used in court as evidence Pretrial hearing Trial Personal Injury Laws 19

What Happens If There Is A Trial? Judges decide issues of law Juries decide issues of fact In civil cases Not always right to trial by jury May forgo right to jury If no jury, judges decided issues of both fact and law Personal Injury Laws 20

What Happens If There Is A Trial? Select jury (if needed) Opening Statements Plaintiff Defendant Examination/Cross Examination/Rebuttal Listen to witnesses Testimony Given in person Read from a deposition into court transcript May be subpoena Personal Injury Laws 21

Closing Statements Reaches a verdict Judgment given by judge Review physical evidence Proves or disproves alleged facts Closing Statements Reaches a verdict Judgment given by judge Personal Injury Laws 22

How Is A Judgment Enforced? Defendant pays Writ of execution (if defendant fails to pay) Property seized Property sold to pay judgment Ten years to collect Clock stops when leave state Personal Injury Laws 23

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