Torts: A Civil Wrong Mrs. Hill

What is a tort? When a person commits a wrong in civil law.

Quick Review Plaintiff Judgment Defendant damages

Strict liability Applies when a defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with the utmost care. Owners of dangerous animals People who engage in highly dangerous activities Manufacturers and sellers of defective consumer products

Liability Tort law deals with these basic questions (1) who should be liable or responsible for harm caused by human activities (2) how much should the responsible person have to pay

Important Terms remedy something to make up for the harm done liability legal responsibility for harm settlement agreement reached by both parties common law law made by judges through court decisions, generally in state appellate courts: basis of tort law

Important Terms intentional wrong An action done with the intent of injuring a person, his or her property, or both. negligence Most common tort. Occurs when a person’s failure to use reasonable care causes harm.

Important Terms Civil law Deals with disputes between individuals or groups of individuals Standard of Proof The level of certainty and the degree of evidence necessary to establish proof in a civil or criminal proceeding

Important Terms Preponderance of the evidence Usually a standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit Deep pockets A description of the person or organization, among many possible defendants, best able to pay damages and therefore most likely to be sued in a tort case

Important Terms Minor A child; a person under the legal age of adulthood; usually 18 or 21. Waive To give up some right, privilege, or benefit voluntarily Immune Exempt from penalties, payments, or legal requirements; free from prosecution

Important Terms Class action A lawsuit brought by one or more persons on behalf of a larger group Contingency fee The fee paid to an attorney based on the percentage of the sum the client is awarded or settles for in a lawsuit

Important Term Liability insurance The type of coverage or insurance that pays for injuries to the other people or damage to property if the individual insured is responsible for an accident during the term of the contract

Important Term premiums Payments made for insurance coverage deductible The amount an insured person agrees to pay toward repairs before the insurance company pays anything.

Important Terms Malpractice Failure to meet acceptable standards of practice in any professional or official position. Medical coverage Insurance which covers an individual’s own medical expenses resulting from accidents Collision coverage Insurance that pays for damage to the insured’s own car caused by an automobile collision

Important Terms Comprehensive coverage The portion of an insurance policy that protects an individual against automobile damages or losses other than collisions. Uninsured motorist coverage Insurance that protects drivers from those with no insurance or inadequate insurance. No-fault insurance A form of automobile insurance or accident insurance (available in only a few states) in which each person’s insurance company pays up to a certain share of damages, regardless of fault. Exclusive remedy The only solution, or compensation, available to a plaintiff in a particular legal situation

Intentional torts Actions taken to deliberately harm another person or their property. Two general types of torts -causing injury to person(s) -causing harm to property

Application Ben, a defensive tackle on the high school football team, tackles a teammate in a full-contact practice. When the teammate hits the ground, his shoulder is dislocated.

Application Mr. Ghosh owns a large apartment building. When his janitors wax the lobby floor, they place a 12-inch-square sign near the front door that reads: “Caution. Wet Floors.” Mrs. Gonzalez is hurrying home from shopping with two large bags of groceries. She does not see the sign and slips and falls on the freshly waxed floor, injuring her knee and arm.

Application Jess, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn. Driving below the speed limit on a rain slick road at night, she slams on the breaks and skids into a bicyclist who is riding one foot away from the right curb.

Tort or No Tort? Determine whether a tort has been committed in each situation. If there is a tort: is it intentional? is it an act of negligence? is it an activity for which strict liability should be imposed?

Tort or No Tort? Jose trips over his untied shoelace while running to catch a bus, breaking an ankle.

Tort or No Tort? Mr. Slifko buys a strong painkiller at the drugstore and takes the capsules according to the directions on the package. He has an extremely bad reaction to the drug and has be taken to the hospital.

Tort or No tort? Chen drinks too much alcohol at the office holiday party. His supervisor, Ruth, advises him to take a taxi home, but he thinks he will be okay if he drives slowly. Not noticing a stop sign, he strikes and kills a pedestrian crossing the street.

Insurance? You have an eight-year-old car with a market value of only $4,000. The annual cost of collision insurance, should you continue to purchase it? Give your reasons. Should you carry liability insurance? Explain.

Street Law: The case of… Table 1: The Lung Cancer Death Table 2: The Spilled Peanut Butter Table 3: The Steering Wheel Failure Table 4: The Airline Explosion Table 5: The Expensive Insurance Premium Table 6: The Nonstop Car Everyone Completes: The School Slip and Fall – post to Classroom (One person post for the group)

Individual check You may use your book, but you may not work together to complete this task. This will be graded. Turn this in on paper. Should people be held to a different standard based on the wrong they commit? How do citizens formally settle disputes between each other in court? Who should be responsible when someone is injured due to the actions of another and/or others? How do people recover for injuries they sustained due to the acts of another?