1. Personal Injury Laws Lessons CHAPTER 6
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Chapter 6
CHAPTER 6
Personal Injury Laws
Lessons
6-1 Offenses Against Individuals
6-2 Intentional Torts, Negligence, and Strict Liability
6-3 Civil Procedure

2. Offenses Against Individuals
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LESSON 6-1
Offenses Against Individuals
GOALS
Distinguish a crime from a tort
Discuss the elements of a tort
Explain when a person is responsible for another’s tort

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H O T D E B A T E
Your neighbor Shana is using a multipurpose woodcutting machine in her basement hobby shop.
Suddenly, because of a defect in the two-year-old machine, a metal clamp from the machine breaks. The metal strikes Shana’s left eye, badly injuring it. The manufacturer had provided a one-year warranty against defects on the machine.

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Do you think the manufacturer should be responsible for Shana’s medical expenses?

5. If the machine was defectively manufactured or designed 
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If the machine was defectively manufactured or designed 
Manufacturer is strictly liable for injuries
Warranty expired  does not matter, manufacturer still liable

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What defense(s) does the manufacturer have against a suit for damages for her injury?

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If Shana had made “material” modifications to the machinery, the manufacturer may be successful

8. HOW DO CRIMES AND TORTS DIFFER?
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HOW DO CRIMES AND TORTS DIFFER?
A crime is an offense against society—a public wrong.
A tort is a private or civil wrong—an offense against an individual
injured can sue for money damages (compensate for the injury)
acts can be torts and crime

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What’s Your Verdict?
Josephina skied all day & was driving home near sunset
She dozed off momentarily and crossed the highway dividing line
Crashed head-on into John’s truck
Both drivers seriously injured
Both vehicles “totaled”
Any crime committed?

10. What’s Your Verdict? Crime of reckless driving Chapter 6 CHAPTER 6
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What’s Your Verdict?
Crime of reckless driving

11. ELEMENTS OF A TORT Duty - to respect the rights of others
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ELEMENTS OF A TORT
Duty - to respect the rights of others
Violation of the duty
Injury – (no injury = no case)
Causation -
Proximate Cause – legally recognizable cause of harm
Strict Liability - liability is imposed even though intent & carelessness may be lacking

12. Chapter 6
No Injury = No Lawsuit

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ELEMENTS OF A TORT
Read What’s Your Verdict (beginning of Chapter 6-1) -
Did Mason commit a tort??

14. ELEMENTS OF A TORT Yes - owed a duty to NOT injure neighbors’ property
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ELEMENTS OF A TORT
Yes - owed a duty to NOT injure neighbors’ property
Breached duty when he left fire unattended (on a windy day)
Negligence – most common tort based on carelessness
Injury – neighbor’s house burned down
Proximate Cause - leaving fire unattended

15. Chapter 6
Neighbor who was injured is entitled to DAMAGES – monetary award to compensate for the loss caused by a tort

16. Chapter 6

17. RESPONSIBILITY FOR THE TORTS OF ANOTHER
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RESPONSIBILITY FOR THE TORTS OF ANOTHER
In general, all persons are responsible for their conduct and therefore liable for their torts.
Vicarious liability is when one person is liable for the torts of another.
Parents may be liable if they give their children “dangerous instrumentalities”
Guns without proper instruction
Established patterns of dangerous behavior

18. RESPONSIBILITY FOR THE TORTS OF ANOTHER
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RESPONSIBILITY FOR THE TORTS OF ANOTHER
Parents are not liable for the torts of their children unless a statute exists that says otherwise.
i.e. Some states hold parents liable, by statute, up to a specified amount of money for property damage caused by the minor child

19. What if someone sues you?
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What if someone sues you?

20. Offenses Against Individuals
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Offenses Against Individuals
A tort is considered to be an offense against society
TRUE / FALSE

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Offenses Against Individuals
F A L S E

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Offenses Against Individuals
A single act can be both a tort and a crime.
TRUE / FALSE

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Offenses Against Individuals
T R U E

24. Offenses Against Individuals
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Offenses Against Individuals
Degree of causation of a tort great enough to be recognized by law is called
a) proximate cause
b) intimate cause
c) incidental cause
d) none of the above

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Offenses Against Individuals
A - proximate cause

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Offenses Against Individuals
In order to establish liability for a tort, all of the following must be proved except:
a) duty
b) breach of duty
c) harm recognized by law
d) vicarious liability

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Offenses Against Individuals
D - vicarious liability

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Offenses Against Individuals
An insane person cannot be held liable for a tort.
TRUE / FALSE

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Offenses Against Individuals
F A L S E

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Offenses Against Individuals
When one party is held responsible for the tort of another, the liability is called __________________ liability

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Offenses Against Individuals
vicarious

32. Offenses Against Individuals
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Offenses Against Individuals
Which of the following types of torts are based on carelessness?
A) intentional torts
B) strict liability torts
C) negligence
D) none of the above

33. Offenses Against Individuals
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Offenses Against Individuals
C - negligence

34. Offenses Against Individuals
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Offenses Against Individuals
If you act recklessly, but do not harm anyone, there is usually no tort
TRUE / FALSE

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Offenses Against Individuals
T R U E

36. Offenses Against Individuals
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Offenses Against Individuals
Parents generally are held liable for the torts of their children
TRUE / FALSE

37. Offenses Against Individuals
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Offenses Against Individuals
F A L S E

38. Intentional Torts, Negligence, and Strict Liability
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LESSON 6-2
Intentional Torts, Negligence, and Strict Liability
GOALS
Identify nine common intentional torts
Define negligence and strict liability

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COMMON INTENTIONAL TORTS Intentional torts - torts for which the defendant intended either the injury or the act
Assault
Battery
False imprisonment
Defamation
Invasion of privacy
Trespass to land
Conversion
Interference with contractual relations
Fraud

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ASSAULT
The tort of assault occurs when one person intentionally threatens to physically or offensively injure another.
 threat must be believable & person must have ability to carry it out
Just pointing the gun at someone is assault

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BATTERY
An intentional breach of the duty to refrain from harmful or offensive touching of another is battery.
(shooting / pushing in anger / spitting on / throwing pie in face)
-- self defense is not battery
-- consenting to contact (sports)

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FALSE IMPRISONMENT
False imprisonment is depriving a person of freedom of movement without the person’s consent and without privilege.
Probable cause – privileged to imprison
Merchants allowed to detain (reasonable basis for believing person shoplifted)

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DEFAMATION
If a false statement injures a person’s reputation, it may constitute the tort of defamation. To be legally defamatory, the statement must be false, be communicated to a third person, and bring the victim into disrepute, contempt, or ridicule by others.
If defamation is spoken, it is slander.
If the defamation is written or printed, it is libel.

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DEFAMATION
Exception: statements about public officials or prominent personalities
No liability unless statement is made with malice (known to be false when made)
Judges, lawyers, jurors, witnesses & other parties in judicial proceedings are also immune for statements made during the trial/hearing
Truth is a defense to a defamation charge

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INVASION OF PRIVACY
Invasion of privacy is defined as the unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation.
two-way mirrors (violates expectation of privacy)
Politicians, actors & people in the news give up much of their right to privacy when they step into the public domain

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TRESPASS TO LAND
The tort of trespass to land is entry onto the property of another without the owner’s consent.
Trespass may consist of other forms of interference with the possession of property.
Dumping rubbish on someone else’s property
Breaking someone’s window
Intent is required to commit the tort of trespass

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Trespass Case
Edward and Bertha Briney, a decent, hard-working, God-fearing couple sought only what everyone seeks -- to PROTECT THEIR PROPERTY !!
-- owned an old, abandoned farmhouse
tried posting “No Trepassing” signs
tried boarding up the house

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A series of break-ins and trespassing incidents had occurred over the past ten years; most recent one month ago
Mr. Briney rigged a spring-gun to a bed frame to protect the premises from intruders
Marvin E. Katko and his friends went to the farmhouse looking for antique jars (he was there weeks before and got away)

49. They entered the house by removing a board from a porch window
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They entered the house by removing a board from a porch window
Marvin went into the bedroom and as he opened the bedroom door, a shot-gun discharged, blowing away a substantial portion of his leg
Marvin sued the Brineys for battery
What do you think happened??

50. Marvin won a jury verdict of $30,000
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Marvin won a jury verdict of $30,000
Brineys had to sell off 80 acres to satisfy judgment
W H Y ? ?
Our society values life more than property!
Photos of Parties 

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Marvin E. Katko

52. Edward and Bertha Briney
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Edward and Bertha Briney

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CONVERSION
Conversion occurs when someone’s right to control the possession and use of personal property are violated.
Conversion occurs if the property is stolen, destroyed, or used in a manner inconsistent with the owner’s rights.
A thief is always a converter.
Conversion occurs even when the converter does not know that there is a conversion.

54. INTERFERENCE WITH CONTRACTUAL RELATIONS
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INTERFERENCE WITH CONTRACTUAL RELATIONS
Interference with contractual relations occurs when a third party entices or encourages a breach of contract.

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FRAUD
Fraud occurs when there is an intentional misrepresentation of an existing important fact.
The misrepresentation must be relied on and cause financial injury.
 Not personal opinions/views

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WHAT IS NEGLIGENCE?
Duty and negligence -- intent to injure someone is NOT necessary
Reasonable- person standard – act with care, prudence and good judgment
Standard is different for certain individuals
Under age 7 – incapable of negligence
If child undertakes “adult activity” – held to adult standard
Professionals & Tradespeople – held to higher standard
Negligence (most common tort); various degrees

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WHAT IS NEGLIGENCE?
Breach of duty in negligence – the reasonable person standard defines the duty
Causation and injury in negligence – proximate cause (violation of duty must have caused injury)

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WHAT IS NEGLIGENCE?
Defenses to negligence – contributory negligence (cannot recover); comparative negligence (partial recovery)
Assumption of Risk – aware of danger, but decides to subject themselves to the risk

59. WHAT IS STRICT LIABILITY?
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WHAT IS STRICT LIABILITY?
Strict liability means holding a defendant liable without a showing of negligence.
Strict liability makes the defendant liable if he or she engaged in a particular activity that resulted in injury.
Target practice / blasting / crop dusting with dangerous chemicals / storing flammable liquids

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STRICT LIABILITY
Ownership of dangerous animals also subjects you to strict liability
Bears
Tigers
Snakes
Elephants
Monkeys
Sale of goods that are unreasonably dangerous (seller & manufacturer of defective goods are responsible)

61. Civil Procedure GOALS LESSON 6-3
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LESSON 6-3
Civil Procedure
GOALS
Discuss what damages are available to victims of torts
Explain the various stages of a civil suit

62. WHAT CAN A TORT VICTIM COLLECT?
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WHAT CAN A TORT VICTIM COLLECT?
Two types of remedies generally available for civil lawsuits:
An injunction (court order) may be issued to prevent a tort or stop it from continuing.
The usual remedy for a tort is damages

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DAMAGES
Damages are a monetary award to the injured party to compensate for loss.
Actual or compensatory damages are intended to compensate the plaintiff for loss.
Punitive damages are intended to punish the defendant. – jury decides

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Attorney Fees
Contingency Fee Basis – lawyer takes a percentage of the recovery
25% - if settled before trial
33% - if won at trial
40% - if won on appeal
In all cases  plus filing fees, expert witness reports, etc.

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What’s Your Verdict?
Horsley, the owner of a dry cleaning store, lived next door to Eardly, who was editor of a small newspaper in their town. The two quarreled frequently and became enemies. As a consequence, when Eardly published a story on the drug problem in the town, he identified Horsley as a “drug dealer.” This statement was untrue and defamatory.
What kind of damages could Horsley collect from Eardly in a lawsuit?

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What’s Your Verdict?
If Horsley could prove injury to her business  damages
If Horsley could prove Eardly acted with malice  punitive damages
 usually available where intentional torts are committed (not contract law or other torts)

67. Chapter 6
KFC Is it slander?

68. HOW IS A CIVIL CASE TRIED?
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HOW IS A CIVIL CASE TRIED?
Judges always decide issues of law.
Juries decide issues of fact.
1) Jury selected

69. HOW IS A CIVIL CASE TRIED?
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HOW IS A CIVIL CASE TRIED?
2) Opening statements – what each party will attempt to prove
3) Evidence presented – documents, charts, sobriety test results, photos, etc.

70. HOW IS A CIVIL CASE TRIED?
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HOW IS A CIVIL CASE TRIED?
4) Closing arguments and instructions to jury
5) Jury deliberation
6) Verdict - Jury

71. HOW IS A CIVIL CASE TRIED?
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HOW IS A CIVIL CASE TRIED?
7) Judgment - Judge

72. KEY TERMS USED IN A CIVIL CASE
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KEY TERMS USED IN A CIVIL CASE
You’re the Judge –who should win the ball:
Alex or Patrick

73. KEY TERMS USED IN A CIVIL CASE
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KEY TERMS USED IN A CIVIL CASE
Evidence – materials to prove/disprove alleged facts
ITEMS OF EVIDENCE/PROPERTY RECOVERED (1)  Type      ___  Damaged      ___  Lost      ___  Recovered      ___  Stolen      _X_ Taken into Evidence  Item Description   One (1) small skull apparently human (2)    Type      ___  Damaged      ___  Lost      ___  Recovered      ___  Stolen      _X_ Taken into Evidence  Item Description   One (1) small bone possibly human  (3)   Type      ___  Damaged      ___  Lost      ___  Recovered      ___  Stolen      _X_ Taken into Evidence Item Description   One (1) student backpack and assorted contents

74. KEY TERMS USED IN A CIVIL CASE
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KEY TERMS USED IN A CIVIL CASE
Testimony – most common form of evidence – statements by witnesses under oath
Witness – personal knowledge
Subpoena – written court order
Verdict – jury’s decision
Judgment – final result of trial

75. HOW IS A JUDGMENT SATISFIED?
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HOW IS A JUDGMENT SATISFIED?
Ordinarily, when a civil judgment for the plaintiff becomes final, the defendant will pay the judgment.
If the defendant does not pay, the plaintiff may obtain a writ of execution.

76. Money – (payment, garnish paycheck, etc.)
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Writ may be for:
Money – (payment, garnish paycheck, etc.)
Property
– may be forced to sell to pay debt
-- lien may exist until property is sold

77. Chapter 6
Can you sue if someone steals your idea and it proves to be a very profitable undertaking?