1. UNIT 3: Torts Chapter 18 Torts: A Civil Wrong
STREET LAW "For every interference with a recognized legal right, the law will provide a remedy"

2. Civil law deals with torts, or civil wrongs, against individuals
It protects people by helping them avoid problems & resolve disputes
In civil law, the injured person (plaintiff) can sue the person who caused the harm (defendant)
When determining whether a tort has been committed, the ? of liability, or responsibility for the harm, must be answered
The issue of negligence by either the plaintiff or the defendant must also be addressed when determining whether a tort has been committed
After the ?s of liability & negligence are answered, the court can award $—paid by the wrongdoer—to the victim of the tort

3. CRIME  same illegal activity  Tort
Torts: A Civil Wrong
CRIMINAL LAW
CIVIL LAW
Crime: when someone commits a wrong against society; also usually a specific victim
Tort: when someone commits a crime against an individual
Prosecuted & punished by the state (prosecutor)
Harmed individual (plaintiff) seeks to win a judgment against the defendant (accused wrongdoer)
Punished with jail or other penalties
Punished by paying monetary damages ($)
CRIME  same illegal activity  Tort

4. Background—The Study of Torts
The overall purpose of this unit on torts is to provide practical information about the largest body of civil law—torts

5. Tort law changes over time depending on how society calculates the
Tort law changes over time depending on how society calculates the benefits of permitting certain behaviors vs. the costs of those behaviors to other people or to society
Civil law exists to help society settle disputes fairly, efficiently, & with certainty by making wrongdoers (or, in some cases, the parties in the best position to absorb the loss) pay $ to the person(s) harmed
Antisocial behavior can be deterred by assigning a cost (liability) to civil wrongs (torts)

6. The Idea of Liability Tort law deals with basic ?’s such as
who should be responsible, or liable, for harm caused by human activities
almost any activity can be a source of harm & therefore of tort liability—driving a car, operating a business, speaking, writing, or using property
how much ($) should the responsible party have to pay?

7. Tort law emphasizes responsibility
The issue is who acted reasonably/unreasonably &
How much $ should be paid?
Civil law does not seek to punish, although many people equate loss of $ with severe punishment
Almost any activity can be a source of harm & therefore of tort liability

8. A tort occurs when 1 person causes injury to another person or to another’s property or reputation
Tort law protects people by helping them avoid problems & resolve disputes
In civil cases, the injured party (the plaintiff) can sue the person believed to be legally responsible for the harm (the defendant)
Tort law provides the injured party with a remedy, something to make up for the harm done—this usually takes the form of monetary damages [$]

9. However, when determining whether a tort has been committed, the question of liability, or responsibility for the harm, must be answered
The issue of negligence by either the plaintiff or the defendant must also be addressed when determining whether a tort has been committed
After the questions of liability & negligence are answered, the court can award $ (called damages)— paid by the wrongdoer—to the victim of the tort

10. Requiring payment of damages is intended to
Damages are meant to compensate the plaintiff for any financial, physical, or emotional costs associated with the injury
Requiring payment of damages is intended to
prevent future injuries & losses
& to encourage more reasonable behavior
In a true accident, the victim will have to bear the costs of the injury

11. The plaintiff does not always need to sue in order to receive damages
Often the two parties can meet & make an agreement—or settlement—on compensation for the injury
Tort law emphasizes responsibility—it establishes an expectation that people should act with reasonable care toward other people & their property

12. Tort law also establishes standards of care that society expects from people
The law requires us to act with reasonable care toward people & their property
Failure to exercise reasonable care may result in legal liability
The person harmed may sue the person who acted unreasonably for damages
Requiring payment of damages is intended to prevent future injuries & losses & to encourage more reasonable behavior

13. Though civil law doesn’t seek to punish—many people equate loss of $ with severe punishment
In fact, many would rather lose their freedom for a time than their $
The deterrent value of civil law is based on a desire of people to avoid paying for losses

14. Liability vs. Moral Responsibility
Liability—legal responsibility for harm
Moral responsibility—being morally at fault for harming someone
Moral responsibility is one of the factors that courts look at in developing the law of torts & drawing up the rules of who will pay for injuries people suffer

15. The Idea of Torts: Yesterday, Today, & Tomorrow
Tort law has changed over time to reflect changes in society & its values
Tort law tries to weigh the usefulness of certain conduct against the harm that conduct might cause
Usefulness  ?  Harm
Tort law also tries to preserve individual choice (warnings allow individuals to make informed choices)
State courts handle most tort cases

16. 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

17. There is a difference between regulation of new technology through criminal law & regulation through tort law
For example—there may be statutes requiring auto manufacturers to meet certain emission standards or to include certain safety features such as seat belts & air bags
However, autos are also “regulated” by courts in the sense that people injured as a result of defective autos can collect damages from the manufacturers through civil suits

18. The tort system has several advantages:
By making product manufacturers responsible for the injuries to consumers caused by the product, companies will engage in the following cost-benefit analysis:
- It would be most cost-effective to spend $ on safety as long as the co. will save more $ on the injuries (& thus liability) avoided by the safety expenditure
- It would not be cost-effective to spend more $ on product safety than would be saved by decreased liability

19. Therefore, tort liability tends to drive co. ’s to spend app
Therefore, tort liability tends to drive co.’s to spend app. the right amount of $ on safety costs
Although co.’s may also take into account punitive damages, legal fees, the option of spending $ on better legal aid to win lawsuits rather than spending $ on safety to avoid lawsuits, & the fact that some injured people don’t sue!
If everyone who was injured by a product was able to win a lawsuit against the manufacturer the product would have to be redesigned for greater safety or perhaps withdrawn from the market

20. Types of Torts There are three major types of tort liability:
Intentional Wrongs
An intentional wrong occurs when a person purposefully harms another person or his or her property, or both (may also be crimes)
Acts of Negligence
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 & causing harm
Strict Liability
Strict liability requires people engaged in certain dangerous activities to assume extra responsibility for the consequences of their actions
3 groups face strict liability: owners of dangerous animals, people who engage in highly dangerous activities, & manufacturers & sellers of defective consumer products

21. Background—Strict Liability
Strict liability can be a difficult concept to grasp
For both intentional torts & negligence, plaintiffs must prove some kind of fault
On the other hand, strict liability is actually liability without fault, or at least w/o the requirement to prove fault
Reminder  a primary purpose of tort law is to compensate ($) plaintiffs for their injuries!

22. The doctrine of strict liability allows plaintiffs to recover damages ($) from defendants engaged in unusually dangerous activities where the risk of harm can’t be eliminated by exercising reasonable care
For example, demolishing a building, or using explosives in an urban area

23. Taking Your Case to Court
Tort law deals with disputes between individuals or groups of individuals
Unlike criminal law, the government is not responsible for bringing the case to court, & defendants never go to prison
While both criminal law & tort law require substantial evidence to prove the defendant is responsible, criminal cases require more convincing evidence
Criminal Case: Beyond a Reasonable Doubt (95%)
Civil Case: Preponderance of the Evidence (50%)
Although a tort & a crime are different legal actions, the same harmful activity can sometimes be both a crime & a tort

24. Background—Who Can Be Sued?
Almost anyone can be sued
Employers may be responsible for many of the torts committed by their employees—this is called the doctrine of respondeat superior
It means that an employer is responsible for the torts of its employees, committed within the scope of their employment
It is a type of vicarious liability—by reason of some relationship bet. 2 people (for example, employer & employee), the negligence of 1 (the employee) may be charged against the other (the employer), even though he had no part in the act or did nothing to encourage it

25. In some states parents can be sued for torts committed by their children
Generally, parents are not held vicariously liable for their children’s torts—there must be some negligence on the part of the parents (such as inadequate supervision) for the parents to be held liable
Children who commit torts may be sued if it can be proven that the child acted unreasonably for a person of that age

26. The Federal Torts Claims Act
Allows plaintiffs to sue the U.S.
The claim must be presented to the appropriate federal agency before it is filed
A judge hears the suit
The contingency fees lawyers charge are strictly limited

27. Immunity Senators & Reps. are immune from arrest
during attendance at session
going to & returning from session
& they shall not be questioned in any other place for speeches or debates in either House

28. Presidential Immunity
Comes from the 1982 case of Nixon vs. Fitzgerald
A. Ernest Fitzgerald brought a civil suit against President Nixon for firing him from his gov. job as a management analyst w/the Air Force for illegitimate reasons

29. The U.S. Supreme Court held that presidents are immune from civil suits arising from their public duties because the Pres. might be a vulnerable target for numerous suits & this would interfere with the ability to perform duties

30. In the case of Clinton v. Jones, the Court held that a president doesn’t have even temporary immunity from a civil suit arising from actions unrelated to the president’s official duties
Paula Jones sued President Clinton for alleged sexual harassment that occurred before Clinton became president, while he was governor of Arkansas

31. Class Action Suits
A class action suit occurs when a group of plaintiffs sues a defendant as a group
Ex: A case filed by female employees of the Dept. of Social Services & the Board of Educ. of NY in 1977
The women had identical complaints so they filed their claims together
The policies of both org.’s compelled pregnant employees to take unpaid leaves of absence before medical reasons required such leaves
The courts decided in favor of the plaintiffs, calling mandatory leaves unconstitutional, but denied claims for back pay

32. Insurance 
Liability insurance is a contract or agreement in which the insured person makes regular payments (premiums) to an insurance company
In return, the insurance company agrees to pay for certain damages the insured person might cause
There are limits to how much will be paid
May also provide an attorney for court

33. Liability insurance protects doctors, lawyers, manufacturers, homeowners, & drivers
Doctors are protected against malpractice suits—claims that a professional person provided services in a negligent manner
Manufacturers are protected against lawsuits brought by customers injured when using their product
Homeowners & renters have coverage for loss & damage to property

34. Although many types of insurance exist, very few insurance policies cover a person who has committed an intentional harm

35. Car Insurance
Medical: for you & your passengers no matter who is at fault
Collision: damage to your car, even if you were at fault
Deductible: amount you pay 1st towards repairs
The ↑ the deductible  the ↓ the collision insurance
Comprehensive: protects you against damage or loss to your car from causes other than collision
Uninsured Motorist: protects you from other drivers who do not have insurance (or not enough)
No-Fault: your co. will pay up to a certain amount for injuries you receive in an accident, no matter who is at fault—you waive your right to sue the other party

36. No-Fault vs. Liability?
Liability ins.—your co. pays the other driver only if you were at fault
No-Fault—may allow settlement of claims w/o the delay & expense of determining fault in a court case
Are limited to a certain amount of $
Usually cover only personal injuries but not damages to your car
If damages are ↑ than the no-fault limits, the injured party may be able to sue the other party

37. Liability Coverages 3 limits on how much a person can collect
Injuries per person
Total injuries to all persons in accident
Property damage per accident
100/300/50
$100,000 per person for personal injury
$300,000 per accident for all personal injuries
$50,000 per accident for property damage
You are responsible for any amount due over your limits!

38. Worker’s Compensation
Automatically compensates (pays) employees who are injured on the job
Paid even if they were negligent (unless intoxicated)
Pay is reduced or prohibited if refused to follow safety procedures (ex: welder not wearing safety goggles)
Do not have to go to court to prove fault of employer
Receive pay (2/3) while recovering
Give up right to sue employer
$ awarded for injury is set by a state schedule
Is the exclusive remedy for on-the-job injuries—no civil lawsuit

39. Background— Worker’s Compensation
Worker’s comp. is not always an absolute bar to employees suing employers
In a few states an employee can sue an employer when the injury is a result of fraudulent conduct by the employer

40. The employee can sue an employer in some states under the dual capacity doctrine
This is a situation in which the employee is injured, not necessarily within the scope of employment, but because of the nature of the business
For example: suppose a nurse works for a doctor & is injured by that doctor while being treated as a patient
The fact that she is employed by the doctor does not necessarily preclude her from suing the doctor for medical malpractice

41. Although workers’ comp
Although workers’ comp. systems usually provide remedies aimed at avoiding litigation, some disputes are resolved in court
In 1 case, Henry Perry, Jr. was injured in 1986 during his employment for the Bronco Construction Co.
The insurance co. paid workers’ comp. benefits for a kidney injury sustained during the accident
5 months after the accident, the plaintiff experienced prostatitis—an inflammation of the prostate gland

42. Perry claimed his ailment was the result of the injury he sustained 5 months earlier
The insurance co. that represented the Bronco Construction Co. contested the claim
The plaintiff (Henry Perry, Jr.) was awarded the compensation
The defendant (Bronco Construction Co.) appealed

43. The appellate court upheld the lower court’s decision
The court held that the claimant’s disability is presumed to have resulted from the accident, if the claimant was in good health prior to the accident & the symptoms appeared after the accident
Additionally, the evidence showed a reasonable possibility of a casual connection between the accident & the disabling condition