LAW Chapter 18: Torts A Civil Wrong. What is a civil wrong? In criminal law, a wrong is called a...

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LAW LAW Chapter 18: Torts Chapter 18: Torts A Civil Wrong A Civil Wrong

Transcript of LAW Chapter 18: Torts A Civil Wrong. What is a civil wrong? In criminal law, a wrong is called a...

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Chapter 18: TortsChapter 18: Torts

A Civil WrongA Civil Wrong

What is a civil wrong?What is a civil wrong?

In In criminal lawcriminal law, a wrong is called a , a wrong is called a crimecrime

1.1. The wrongdoer is The wrongdoer is prosecutedprosecuted and and punished by the state, or federal punished by the state, or federal governmentgovernment

In In civil lawcivil law, a wrong is called a , a wrong is called a torttort

1.1. The wrongdoer is The wrongdoer is suedsued in civil in civil court court through a through a civil actioncivil action or or lawsuitlawsuit

Civil Wrong continued:Civil Wrong continued:

The The rulesrules that govern civil wrongs that govern civil wrongs are called are called tort law

Our Our Tort laws Tort laws are derived from derived from English Common Law

Who are the parties to a civil Who are the parties to a civil action?action? The The harmedharmed individual becomes the individual becomes the

plaintiff plaintiff in a lawsuitin a lawsuit The The wrongdoerwrongdoer becomes the becomes the

defendantdefendant in a lawsuit in a lawsuit The plaintiff seeks to win a The plaintiff seeks to win a

judgment judgment against the against the defendantdefendant If the plaintiff is successful, the If the plaintiff is successful, the

defendant will be defendant will be forcedforced to to compensatecompensate the plaintiff for the plaintiff for injuriesinjuries

What types of injuries fall under tort What types of injuries fall under tort law?law? These injuries involve These injuries involve pain and and

suffering which can be: which can be:

1.1. PhysicalPhysical

2.2. Emotional, or Emotional, or

3.3. Damage to one’s good characterDamage to one’s good character A judgment against the defendant is A judgment against the defendant is

usually usually monetarymonetary and is called and is called ““paying money damagespaying money damages””

When do torts occur?When do torts occur?

Torts occur whenever a person Torts occur whenever a person causes injurycauses injury to: to:1.1. Another personAnother person2.2. Another’s property, and/orAnother’s property, and/or3.3. Another’s reputationAnother’s reputation

Tort law provides the Tort law provides the injured party injured party with a with a remedyremedy1.1. A A remedyremedy is something to make is something to make up for up for what is what is lostlost

Where does the idea of liability Where does the idea of liability come from?come from? Tort law establishes Tort law establishes standards of

care that society expects from that society expects from peoplepeople

These laws require all of us to act These laws require all of us to act with with reasonable care toward toward people and their propertypeople and their property

A failure to exercise reasonable care A failure to exercise reasonable care can result in can result in legal liability

How does tort law work?How does tort law work?

Tort law deals with two (2) basic Tort law deals with two (2) basic questions:questions:

1.1. Who is responsibleWho is responsible (or liable) for (or liable) for the the harms caused by harms caused by human human activitiesactivities??

2.2. How much How much should the should the responsible responsible party have to party have to paypay??

What kinds of human activity can What kinds of human activity can be sources of harm?be sources of harm? Almost any activity can be a source Almost any activity can be a source

of liability, such as:of liability, such as:

1.1. Driving a carDriving a car

2.2. Operating a businessOperating a business

3.3. SpeakingSpeaking

4.4. WritingWriting

5.5. Using propertyUsing property

What are damages?What are damages?

Whenever a person is physically or Whenever a person is physically or emotionally injured, someone will emotionally injured, someone will bear the bear the cost cost of the harmof the harm1.1. Broken bonesBroken bones will create medical will create medical billsbills that that mustmust be paid be paid

- A hospitalized person will - A hospitalized person will miss miss work work and may and may lose earningslose earnings

- Damaged property will - Damaged property will cost cost money money to to repair repair

Damages continued:Damages continued:

Emotional suffering Emotional suffering maymay also be a also be a cost of an injurycost of an injury

1.1. The emotional suffering may The emotional suffering may even be even be to a 3to a 3rdrd party party

- No quality of life in a marriage - No quality of life in a marriage

What is legal responsibility?What is legal responsibility?

Whenever a person Whenever a person purposely or or carelessly causes injury to another, causes injury to another, the wrongdoer will bear the cost of the wrongdoer will bear the cost of the harmthe harm

Legal responsibility is different from Legal responsibility is different from moral responsibilitymoral responsibility

A person A person may be be morallymorally at fault, but at fault, but not civilly liable, ornot civilly liable, or

A person A person may be be civilly civilly liable and not liable and not morally at faultmorally at fault

What is a settlement?What is a settlement?

Tort law provides a Tort law provides a legal process for for injured persons to recover damagesinjured persons to recover damages

The parties can meet and reach a The parties can meet and reach a settlement

Approximately 90% of tort cases are Approximately 90% of tort cases are settled settled without a trial a trial

However, if an agreement can’t be However, if an agreement can’t be reached, the elected party can sue in reached, the elected party can sue in courtcourt

What is an award?What is an award?

When the plaintiff wins a When the plaintiff wins a judgment against the defendant in a civil against the defendant in a civil action, the end result is usually a action, the end result is usually a paymentpayment for for damagesdamages

This payment is called an This payment is called an award However, the award is not always However, the award is not always

about moneyabout money

Are there different types of awards Are there different types of awards for damages?for damages? There are several types of awards:There are several types of awards:

1.1. Compensatory Damages – – These These include medical and hospital include medical and hospital bills, and bills, and pain and sufferingpain and suffering2.2. Punitive Damages – Money – Money awarded awarded to the plaintiff to to the plaintiff to punishpunish the defendant the defendant for malicious, for malicious, willful, or outrageous willful, or outrageous acts, and serve acts, and serve as a warning to others as a warning to others not to not to engage in such conductengage in such conduct

Awards continued:Awards continued:

3.3. Nominal Damages – A small – A small amount amount of money such as of money such as $1.00. They are $1.00. They are symbolic awards of symbolic awards of money to recognize money to recognize that the that the defendant was wrong even defendant was wrong even though injury was minimalthough injury was minimal

4.4. Injunction – A court order – A court order requiring a requiring a person to do, or refrain person to do, or refrain from doing from doing a a particular actparticular act

Awards continued:Awards continued:

5.5. Cease and Desist Order Cease and Desist Order – A – A court court order to stop some illegal or order to stop some illegal or deceptive deceptive activityactivity

Are there different types of torts?Are there different types of torts?

Tort liability exists for three major Tort liability exists for three major categories of conduct:categories of conduct:1.1. Intentional Wrongs – when a – when a person person acts with the intent to injure acts with the intent to injure a person a person and/or his/her propertyand/or his/her property2.2. Negligence – when a person – when a person fails to fails to use reasonable care and an use reasonable care and an injury injury occurs to a person and/or occurs to a person and/or his/her his/her property (an unintentional property (an unintentional tort)tort)

Types of tort liability continued:Types of tort liability continued:

3.3. Strict Liability – Applies to activities – Applies to activities that are so dangerous that they pose that are so dangerous that they pose

a a serious risk of harm, even with the serious risk of harm, even with the utmost careutmost care

Three groups of people face strict liabilityThree groups of people face strict liability

1.1. Owners of dangerous animalsOwners of dangerous animals

2.2. People who engage in highly People who engage in highly dangerous activities (demolition dangerous activities (demolition experts)experts)

Types of tort liability continued:Types of tort liability continued:

3.3. Manufacturers and sellers of Manufacturers and sellers of defective consumer productsdefective consumer products

What is negligence?What is negligence?

Negligence is a very is a very broad termbroad term that that deals with deals with many kindsmany kinds of of wrongful conduct and is defined as:1.1. TheThe failure to exercise a to exercise a “reasonable “reasonable amount of care” amount of care” 2.2. In either In either doingdoing, or , or failing to dofailing to do 3.3. What a “reasonably prudent person” What a “reasonably prudent person”

would dowould do, or , or not donot do “under like “under like circumstances”circumstances”4.4. Resulting in Resulting in harmharm or or injuryinjury to another to another

Negligence continued:Negligence continued:

Different types of wrongful conduct Different types of wrongful conduct do not have individual names, but do not have individual names, but each have the following in common:each have the following in common:

1.1. In order for the plaintiff to win a In order for the plaintiff to win a negligence action against a negligence action against a

defendant, defendant, four (4) elements must four (4) elements must be proven by a be proven by a preponderance of preponderance of evidenceevidence

What are the four (4) elements?What are the four (4) elements?

Duty – That the defendant owed a – That the defendant owed a dutyduty of care to the plaintiff. Everyone of care to the plaintiff. Everyone has a duty toward everyone else in has a duty toward everyone else in society. This is a society. This is a duty to act reasonably and is referred to as the and is referred to as the ““reasonable person standardreasonable person standard” ”

Breach of Duty – That the – That the defendant defendant violatedviolated or or breachedbreached that that duty by their duty by their conduct

Elements continued:Elements continued:

Causation – That the defendant’s – That the defendant’s conduct caused the plaintiff’s injuries. conduct caused the plaintiff’s injuries. Causation includes “Causation includes “cause in factcause in fact” and ” and ““proximate cause”proximate cause”

1.1. If the harm would not have occurred If the harm would not have occurred without the wrongful act, the act is without the wrongful act, the act is

the the cause in fact

2.2. Proximate cause must show that must show that there is a close connection between there is a close connection between the wrongful act and the harm causedthe wrongful act and the harm caused

Elements continued:Elements continued:

Damages – That the plaintiff – That the plaintiff suffered actual damagessuffered actual damages

Are there defenses to negligence Are there defenses to negligence claims?claims? Even thought the Even thought the elements of negligenceelements of negligence

can be proven, the defendant can raise a can be proven, the defendant can raise a valid legal valid legal defensedefense::1.1. Contributory Negligence – When – When

the plaintiff’s own negligence the plaintiff’s own negligence contributed to the harm sufferedcontributed to the harm suffered

- The plaintiff was warned that - The plaintiff was warned that he/she he/she should not dive into the should not dive into the above above ground pool because it is ground pool because it is shallowshallow

Defenses continued:Defenses continued:

In situations where both parties were In situations where both parties were at fault,at fault, neither party party can recover recover damagesdamages

This defense has been eliminated in This defense has been eliminated in most states due to it’s most states due to it’s unfairnessunfairness

1.1. Comparative Negligence – – This This means that the loss will be means that the loss will be divideddivided according to the according to the degreedegree to to which each which each person is at faultperson is at fault

Defenses continued:Defenses continued:

- One person causes a two vehicle - One person causes a two vehicle accident. The second person suffers accident. The second person suffers injuries because he/she was not injuries because he/she was not wearing their seat belt. wearing their seat belt.

In this case, the damages would be In this case, the damages would be reduced

For example if the award were for For example if the award were for $10k and driver #2 was found to be $10k and driver #2 was found to be 10% at fault, the award would be 10% at fault, the award would be reduced by $1k reduced by $1k

Defenses continued:Defenses continued:

3.3. Assumption of Risk – This is – This is when a when a person person voluntarilyvoluntarily encounters a known encounters a known danger and danger and decides decides to accept the risk of that of that dangerdanger

- A “swim at your own risk” sign - A “swim at your own risk” sign is is displayed at the beach for the displayed at the beach for the hours hours between 6:00pm and between 6:00pm and 9:00am9:00am