TORTS: A Civil Wrong

Fairplay.org

What is a Tort?

• A civil wrong• A breach of some obligation• Causing harm or injury to someone

– Negligence – Libel

• Plaintiff• Defendant• Sue for damages, usually

monetary

Idea of Liability

• Tort law – rules that govern civil wrongs

1. Who should be liable (held responsible?)

2. How much should the responsible party pay?

• Remedy – something to make up for wrong done

Idea of Liability

• Liability – legal responsibility for harm• Tort law provides legal processes for

resolving disagreements– Settlement more common than…– Trial

• Three possible results1. Settle for full amount2. Defendant admits no liability; go to court3. Admit some liability; settle for lesser

amount

Idea of Torts: Yesterday, Today,

Tomorrow• Date back to England, 15th Century• Mainly based on common law

(judge made law)• May utilize statutes (written laws)• Balance usefulness v. harm

- medical treatment/drugs- Preserve individual choice

- smoking

TYPES OF TORTS

• Intentional wrongs- acting with intent to injure another person, property or both– Intentional wrong could involve crime;

but only monetary damages would involve tort law

• Negligence – unintentional; results from failure to use reasonable care– Most common– Drunk driver injuring pedestrian

TYPES OF TORTS

• Strict liability – defendant engaged in an activity so dangerous that there is a serious risk of harm even if he/she acts with utmost of care– Plaintiff is not required to prove that the

defendant was either negligent or intended harm

• Three groups face strict liability– Owners of dangerous animals– People who engage in highly dangerous

activities (contractors who demolish buildings)

– Manufacturers and sellers of defective consumer products

TAKING YOUR CASE TO COURT

• Civil Law – disputes between individuals/groups of individuals– In some cases tort can be criminal & civil

• Standard of proof – amount of evidence needed for a plaintiff/prosecutor to show defendant is guilty– Preponderance of the evidence – (civil only)

more than 50% of evidence must be in plaintiff’s favor

– Easier than criminal trial

WHO CAN BE SUED?

• Anyone• Employers, doctors, schools, etc... have

liability insurance • Minors

– Must prove child acted unreasonable for age/experience in order to sue

– May sue minor’s parents• Immune – protected from lawsuits

– Government/government officials– Some suits within families

WHO CAN BE SUED?

• President, federal judges, members of Congress are completely immune from tort liability for acts carried out within the scope of their duties– Clinton v. Jones (1997) President can be

sued for acts committed before he was President

• Qualified immunity – may only be sued if official knew or should have known that their acts were violating the rights of others

WHO CAN BE SUED?

• Class action – when many are injured by one action– Form “class” to bring lawsuit– Split settlement or damage award– Erin Brockovich

WHO CAN BE SUED?

• If you want to file a tort action…– Hire an attorney

• File paperwork, negotiate with defendant, representation at trial

– Some lawyers work for a contingency fee• Do not pay unless plaintiff wins • Lawyer usually gets 30%-40%, not paid

hourly

INSURANCE

• Liability insurance is a contract (agreement)– Make payments (premiums) to insurance

company– Insurance company agrees to pay for

damages caused by insured persons for length of contract• Doctors, lawyers, builders, manufacturers,

homeowners, car owners– Malpractice suits – brought by

clients/patients who claim that a professional person provided services in negligent manner

INSURING A CAR

• If you drive, you MUST have liability insurance– 2001: 6.3 automobile accidents resulting in

more than 42,000 deaths and over 3 million injuries

– $230 billion in losses– Liability insurance pays for…

• Injuries to other people/property if you are responsible

• Representation in court by insurance company’s attorneys

• Only pays limits of your coverage; if damages exceed your coverage, you will have to pay difference (= bankrupt)

INSURING A CAR

• Liability policies have 3 limits on total that people can collect:1. Limit on injuries per person2. Limit on total injuries to all persons

involved in the accident3. Limit on property damage per

incident– “100/300/50”

INSURING A CAR

• Medical coverage – pays for your own medical expenses from accidents involving your car/car you were driving

• Collision coverage – pays for damages to your car (even if accident was your fault)– Michigan is a no-fault state – your own

insurance company pays for damages/injuries

– Waive right to sue to get payment• Pros/cons?

INSURING A CAR

• Deductible – amount one agrees to pay toward repairs

• Low deductible – high premium• High deductible – low premium

• Comprehensive coverage – protects one from damage or loss to car from causes other than collisions– Deer– Windshield

• Uninsured motorist coverage – protects you from drivers who don’t have insurance or enough

WORKERS’ COMPENSATION

• Automatically compensate (pay) employees who are injured on the job

• Employers contribute to state fund or purchase liability insurance

• Employees…– Do not have to go to court to collect– Usually receive a portion of their salary– Must follow safety rules to receive compensation– Must not be under the influence when injured

(usually – could result in a decrease in compensation)

• Exclusive remedy – employee can not take further civil action if workers’ compensation is received

FRONTLINE: A Dangerous Business

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