The Law of Torts

What is Tort Law? Based on the belief that… Individuals have rights People have duty to avoid violating those rights Therefore… A tort is one person’s interference with another person’s rights, either through intent, negligence or liability.

What is the difference between a tort and a crime?

A crime is a wrong against the public at large. A tort is a wrong against an individual.

Criminal prosecutions are brought by the State or government Tort prosecutions are brought by the person wronged A person who commits a tort is called a tortfeasor.

Types of Torts Intentional Torts Unintentional Torts

Intentional Torts

Assault – threat that results in fear Battery – unlawful, unprivileged (unwanted) touching of another person Trespass – wrongful injury or interference with another’s property Nuisance – interference with the enjoyment of life or property False imprisonment – applies to police and business owners (detaining shoplifters) Defamation – injuring another’s reputation or make false statements Libel – written Slander - verbal

“The Fairness Doctrine” Set up by FCC (Federal Communications Commission) If person is defamed on air, the person has the right to defense using free air time within one week of defamation.

Assault – threat that results in fear Battery – unlawful, unprivileged (unwanted) touching of another person Trespass – wrongful injury or interference with another’s property Nuisance – interference with the enjoyment of life or property False imprisonment – applies to police and business owners (detaining shoplifters) Defamation – injuring another’s reputation or make false statements Libel – written Slander – verbal Invasion of privacy – interference with right to be left alone

Federal Privacy Act of 1974 Protection from agencies of Fed. Gov’t Allows knowledge of information kept and to correct errors Agencies must get permission to use info outside of normal purpose

Tort that is caused by negligence. Most common in today’s society. Unintentional Torts Tort that is caused by negligence. Most common in today’s society.

What is negligence? Failure to exercise a degree of care that a reasonable person would have exercised in the same circumstances.

Elements of negligence (all must be proven) Defendant owed the plaintiff duty of care Defendant acted in breach of duty Breach of duty was proximate cause of injury Plaintiff suffered actual harm or injury

The obligation to not violate the rights of another person 1. Duty of Care The obligation to not violate the rights of another person 3. Proximate Cause Something that produces a result that otherwise would not have occurred 2. Breach of Duty Failure to exercise reasonable care 4. Harm or Injury Includes physical injury, property damage or financial loss

Defenses of Negligence Eliminate 1 of the 4 elements! OR…

Contributory Negligence Plaintiff’s own negligence helped caused the harm

Comparative Negligence Negligence of both parties compared Plaintiff’s recovery equal to his percent of negligence 50% rule – no recovery if more Adopted by most states Considered to be more fair

Plaintiff knew risk involved and still took a chance of injury Assumption of risk Plaintiff knew risk involved and still took a chance of injury

Doctrine of “Strict Liability” Negligence does not apply Ultra hazardous activities Using explosives (fireworks) Keeping wild animals Storing flammable liquids in highly populated areas Product liability in most cases

Wrongful Death Statutes Survival Statues Allows lawsuit to be brought by defendant’s survivors even if both defendant and plaintiff are dead Cause of death inconsequential Wrongful Death Statutes Death must have been result of negligence or intentional conduct Limited to family members Financially affected

Activities that are so dangerous, neither negligence nor intentional tort law apply Fireworks Explosives Wild animals Storing highly flammable liquids