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

2. 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

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

4. 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

5. 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

6. Group Project – Problem 17.1 on page 197-198

7. 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

8. 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

9. 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$$$

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

11. 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

12. 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

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

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

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

16. 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)

17. 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

18. 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

19. 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