Chapter 18: Torts A civil wrong

Comparisons Criminal Law Civil Law Wrongs are called Crimes Plaintiffs and Defendants Plaintiffs seek punishment Penalties can be jail/prison/fine Wrongs are called Torts Plaintiffs and Defendants Plaintiffs seek a judgment Penalties can be Damages

The Idea of Liability Tort law deals with basic questions Who should be Liable (responsible)? Also called Liability/responsibility How much should the responsible person have to pay? Tort law establishes Standards of Care, how we should act The Purpose of Tort Law is to 1- Compensate victims 2- Promote responsible behavior The Idea of Liability Under criminal law, wrongs committed are called crimes. Under civil law, wrongs committed are called torts. In civil cases, the injured party (the plaintiff) can sue the person believed to be legally responsible for the harm (the defendant). Tort law establishes an expectation that people should act with reasonable care toward other people and their property. A defendant found responsible for injuring the plaintiff will usually be ordered to pay the plaintiff money, called damages. Damages are meant to compensate the plaintiff for any financial, physical, or emotional costs associated with the injury. The plaintiff does not always need to sue in order to receive damages. Often the two parties can meet and make an agreement—or settlement—on compensation for the injury.

Examples 1. ID the Plaintiff and Defendant 2 Examples 1. ID the Plaintiff and Defendant 2. Determine whether the Defendant should pay for the Plaintiff’s Damages. Explain. Sixteen-year-old Carrie is babysitting for her four-year-old niece Jill. Carrie leaves Jill alone in the living room and goes into the kitchen to use the phone to call her boyfriend. From the kitchen she can hear but not see Jill. While Carrie is out of the living room, Jill falls off a chair and is hurt. Plaintiffs are Jill’s Parents since Jill is a Minor, The defendant is Carrie Questions to Consider about Liability are Length of the Phone call Instructions left by Carrie Parents Did her being out of the room have anything to do with the fall

Examples 1. ID the Plaintiff and Defendant 2 Examples 1. ID the Plaintiff and Defendant 2. Determine whether the Defendant should pay for the Plaintiff’s Damages. Explain. 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. Plaintiff is the teammate, Defendant is Ben Athletes give “implied consent” during athletic contests for normal athletic activities such as tackeling

Examples 1. ID the Plaintiff and Defendant 2 Examples 1. ID the Plaintiff and Defendant 2. Determine whether the Defendant should pay for the Plaintiff’s Damages. Explain. 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. Plaintiff is Mrs. Gonzalez, Defendants are Mr. Ghosh and the janitors Questions to Consider Is the sign big enough? The placement of the sign Is Mrs. Gonzalez partially responsible?

Examples 1. ID the Plaintiff and Defendant 2 Examples 1. ID the Plaintiff and Defendant 2. Determine whether the Defendant should pay for the Plaintiff’s Damages. Explain. Corina leaves a sharp knife on the kitchen table after making a sandwich. A three-year-old neighbor who has been invited over to play with Corina’s daughter climbs up onto a chair, grabs the knife, and seriously cuts his finger. Plaintiff is the neighbors parents, defendant is Corina Questions to consider Is this a pure accident Was this foreseeable

Examples 1. ID the Plaintiff and Defendant 2 Examples 1. ID the Plaintiff and Defendant 2. Determine whether the Defendant should pay for the Plaintiff’s Damages. Explain. 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 rainslick road at night, she slams on the breaks and skids into a bicyclist who is riding one foot away from the right curb. Plaintiff is the bicyclist, defendant is Jess Questions to consider Was the failure to fix the breaks the cause of the accident or was the road at fault? Did the bicyclist have reflectors on?

How Tort Law is Created Tort law can be created through two ways Common Law – the decisions of judges which become precedents Statutes – laws passed by the legislatures The Idea of Torts: Yesterday, Today, and Tomorrow Tort law has changed over time to reflect changes in society and its values. State courts handle most tort cases. Tort law is generally based on common law, which is created through court decisions written by judges. Tort law can also be based on written laws, known as statutes, which are passed by state legislatures.

Torts and Balance Tort law attempts to find a balance b/t preserving individual choice, determining the usefulness of a product, and protecting ppl from harm. EX Drugs and Side Effects, Tobacco

What other products call for individual choice and protection from harm? Possible exampels might be Alcohol, prescription drugs, goods high in far, porn

Types of Torts There are three types of Torts Intentional Torts – an action done with the intent of hurting or taking from someone. Unintentional – Most Common. Negligence is the primary factor (acting in an unreasonable fashion) Types of Torts There are three major types of tort liability—intentional wrongs, acts of negligence, and strict liability. An intentional wrong occurs when a person purposefully harms another person or his or her property. Negligence—the most common unintentional tort—occurs when one person unintentionally inflicts injury upon another person. Even though the injury was not intentional, the person who caused injury can still be held liable for acting carelessly and causing harm. Strict liability requires people engaged in certain dangerous activities to assume extra responsibility for the consequences of their actions.

Types cont 3. Strict Liability - It applies when the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with utmost care.

Determine whether a tort has been committed in each situation below Determine whether a tort has been committed in each situation below. If there is a tort, is it an intentional wrong, an act of negligence, or an activity for which strict liability should be imposed? Explain. a. José trips over his untied shoelace while running to catch a bus, breaking his ankle. b. 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 to be taken to the hospital. c. 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.

Who to sue Who can be sued – Individuals, businesses, organizations, groups and some gov’t agencies Who should you sue – The person with the Deep Pockets, ie the person who can pay Who can’t be sued (have immunity) – Government and gov’t officials, Spouses, siblings Taking Your Case to Court Almost anyone can be sued. Employers may be responsible for many of the torts committed by their employees, and in some states parents can be sued for torts committed by their children. Children who commit torts may be sued if it can be proven that the child acted unreasonably for a person of that age. A class action suit occurs when a group of plaintiffs sues a defendant as a group.

Class Action Suits Sometimes there can be more then one plaintiff When this happens, the injured parties may form a “class” and bring their lawsuit together. This is called a class action.

Lawyers and Suites Lawyers are recommended for all civil actions Attorneys can charge fees or work on contingency Contingency Fees are a % of the winnings in lieu of fees up front, typically between 40-60% of any settlement or judgment. This is a risk for the attorney since if they don’t win, they don’t get paid. Insurance Liability insurance is an agreement in which the insured person makes regular payments to an insurance company. In return, the insurance company agrees to pay for certain damages the insured person might cause. Liability insurance protects doctors, lawyers, manufacturers, homeowners, and drivers. Although many types of insurance exist, very few insurance policies cover a person who has committed an intentional harm.

Insurance Liability insurance is a contract, or agreement. The insured person agrees to make payments—known as premiums—to the insurance company, and the company agrees to pay for damages caused by the insured persons for the length of the contract.

Types of Liability Insurance Malpractice Insurance – Bought by doctors Workers Compensation – Bought by employers Others types of insurance that carry Liability coverage Car Insurance Homeowners