law - ch 17 - torts
TRANSCRIPT
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TORTS:A CIVIL WRONG
CHAPTER 17
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WHAT IS A TORT?⦿ A person committing a wrong in civil law.
• Wrong against a person/property
VERSUS⦿ A person committing a wrong in criminal law
which is a CRIME• Wrong against society
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TORT LAW⦿ Establishes standards of care society expects
from human beings - we are expected to act with reasonable care toward others & other’s property.
⦿ Provides a legal process for injured persons to recover money damages from wrongdoers who cause them harm.
⦿ Deals with basic questions such as:1. Who should be responsible/liable for harm caused
by a human being?2. How much should the responsible party have to
pay?
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WHY LEARN ABOUT TORT LAW?⦿ Everyday activities can be a source of harm and
possible tort liability.◼ Driving a car◼ Running a business◼ Speaking to others◼ Writing◼ Using others’ property
⦿ Understanding torts can help you avoid conflicts without going to court.
⦿ Society usually feels a wrongdoer should pay for their intentional or careless actions that caused harm.
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IDEA OF TORT LAW
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PLAINTIFF⦿ In a civil case – the person harmed.
⦿ Seeks a “judgment” against the wrongdoer.
⦿ A “remedy” – something to make up for what was lost.
⦿ Through payment of damages, it is hoped that future injuries & losses will be prevented & better behavior will be encouraged.
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DEFENDANT⦿ In a civil case – the person that did wrong.
⦿ If found guilty – legally liable!
⦿ No jail time.
⦿ Penalty will be some form of compensation, usually $$$$ -- called “damages”.
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CAN ONE ACT BE BOTHA TORT & A CRIME ????
⦿ Crimes and torts are different.
⦿ YES – one act CAN be both a crime and a tort.
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RESPONSIBILITY
⦿ LIABILITY – one’s legal responsibility.⦿ Not the same as moral responsibility.⦿ You can be morally responsible & not civilly
liable for causing harm.• Example: telling friend the wrong time of day –
causes them to miss a job interview – doesn’t get the job….no civil liability
⦿ You can be civilly liable & not morally at fault◼ EXAMPLE: see strict liability—certain party are
responsible for cost even tho there is no proof of fault.
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SETTLEMENTS⦿ When an agreement can be reached
regarding how to compensate the injured party.
⦿ Much more common than trials.
⦿ 90% of tort cases filed in court are settled without a trial.
⦿ WHY are they filed in court ?? ⦿ DISAGREEMENTS can result in going to trial
for a decision.
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TYPES OF TORTS⦿ THREE major categories.
1. Intentional – a person acts with intent.~~ can also be a crime – the punishment usually doesn’t make up for tort harm
2. Negligence -- unintentional -- failure to use reasonable care
****most common tort
3. Strict liability – applies when the wrong is SOOOO dangerous there is a serious risk EVEN IF acts w/utmost care.
*****continued
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⦿ In strict liability cases – no need to prove that the defendant was either negligent or intended to cause harm in order to recover damages.
EXAMPLES: building demolished – hit by brickmining with explosives
⦿ THREE groups face strict liability:1. Owners of dangerous animals2. People who engage in highly dangerous activities3. Manufactures & sellers of defective consumer
products
⦿ Not all injuries will lead to a recovery
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INTENTIONAL TORTSAGAINST PERSON⦿ Assault⦿ Battery⦿ False imprisonment⦿ Infliction of emotional distress⦿ Invasion of privacy
AGAINST PROPERTY⦿ Trespass to land⦿ Trespass to/conversion of chattel “an item of
movable or immovable property except real estate & things connected with real property”
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CIVIL LAW⦿ Disputes between individuals or groups of
individuals⦿ Tort law is civil law⦿ Some acts can be both a tort and a criminal
act (example: burglary & trashing place)⦿ Preponderance of the evidence – 50% of the
evidence be in favor of winning party⦿ Civil cases easier to “prove” than criminal
cases⦿ No jail time – only penalties paid
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ELEMENTS OF NEGLIGENCE1. DUTY – we are obligated – reasonable care2. BREACH OF DUTY – failure to #13. PROXIMATE CAUSE – legal responsibility for
bringing something about4. HARM – loss/damage resulting from failure
to use reasonable care
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WHO CAN BE SUED ??⦿ Individuals⦿ Groups of individuals⦿ Organizations⦿ Businesses⦿ Units/sections of government
⦿ People try to sue those with “deep pockets” ⦿ Children can be sued – have to prove child
acted unreasonably for their age & experience – parents also sued for failure to supervise child.
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IMMUNITY⦿ Society deems some people should never be
sued – even if conduct was improper.⦿ Families – governments – government officials⦿ HISTORICALLY
• Children can’t sue parents• Parents can’t sue children• Spouses can’t sue each other
⦿ Tort laws change over time• spouses can now sue each other• Siblings can sue each other
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GOVERNMENTS⦿ “the King can do no wrong”⦿ federal and states governments immune from
tort cases – unless they waive/give up their immunity
⦿ Federal Tort Claims Act “FTCA” – allows citizens to recover damages for intentional violations of rights.
⦿ Bringing suit against the federal government involves an administrative process as well as a lawsuit in federal court. Along the way, you must juggle federal procedural law and state substantive law and avoid some tricky pitfalls.
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WHO CANNOT BE SUED?Free from tort liability for acts carried out within the scope of their duties:⦿ “Nixon v. Fitzgerald” ⦿ Federal judges⦿ Members of Congress
CONSTITUTION STATES: “The Senators & Representatives…shall in all cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance…and in going to…from..; and for any Speech or Debate in either House, they shall not be questions in any other place.”
⦿ 1997 “Jones v. Clinton”
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CLASS ACTION SUITS
⦿ A group of people injured/wronged by one action, come together to file a single case.
⦿ A settlement will be divided between the parties.
⦿ Attorney should be hired.⦿ Attorney usually agrees to work for a
“contingency fee” – normally 30-40% if case is won. No fee if case is lost.
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INSURANCE⦿ Liability insurance is a contract – the client
pays “premiums” on a regular basis during the contract.
⦿ Insurance company agrees to pay for damages caused by the insured persons during the contract period.
⦿ Limits set on how much can be paid out.⦿ Contract also requires insurance company to
defend person in court, if needed.
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MALPRACTICE INSURANCE
⦿ A lawsuit based on a claim that a professional provided services in a negligent manner.
⦿ Who buys malpractice insurance?• Doctors• Lawyers• Other professionals
⦿ If sued, without malpractice insurance, a person would be personally responsible for paying damages.
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COST⦿ MANUFACTURERS: also hold liability
insurance.⦿ Cost of insurance is passed on to the
customers – added on to the price of service or product.
⦿ HOMEOWNERS & RENTERS: usually carry liability insurance
• Example of a claim: burglar steals all electronics
⦿ INTENTIONAL HARM caused by insured person…hardly any policies cover
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AUTO INSURANCE⦿ MOST IMPORTANT type of liability insurance.⦿ Autos cause approximately 10,800,000
accidents per year.⦿ Autos cause approximately 35,900,000 deaths
per year.⦿ Most states require all drivers to carry
liability insurance. ⦿ Covers:
• Injuries to others & property• Representation in court• Damages up to limits listed in policy
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LIABILITY INSURANCE LIMITS⦿ Important to consider how much insurance to
carry. One might have to personally cover any claims that exceed insurance covers.
⦿ Usually limits how much a person can collect:1. A limit on injuries per person2. A limit on total injuries to all persons involved3. A limit on property damages per accident
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30/60/10 - MINNESOTA⦿ What do these important numbers mean?⦿ This is Minnesota’s minimum auto insurance
requirement for drivers.⦿ $30,000 – bodily injury liability limit per
accident⦿ $60,000 – total bodily injury liability payable
per accident (for all parties)⦿ $10,000 – property damage liability limit⦿ Driver may be sued if damages go above what
insurance covers.
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AUTO MEDICAL INSURANCE⦿ Covers your own medical expenses involving
your car or car you’re driving⦿ Pays for passenger’s expenses, regardless of
who is at fault⦿ Coverage limited to policy
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AUTO COLLISION COVERAGE
⦿ Covers damage to your own car – even if it was your fault.
⦿ Usually covers up to the actual value of the car (not replacement of a new car).
⦿ A “deductible” is the amount you agree to pay before insurance pays.
⦿ The higher the deductible, the cheaper your collision insurance cost.
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AUTO COMPREHENSIVE COVERAGE
⦿ Protects you against damage or loss to car from causes other than collisions.
• EXAMPLES:● Vandalism● Fire● Theft
⦿ EXTRAS -- towing & rental cars.
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AUTO UNINSURED MOTORIST
⦿ 1 out of 7 drivers are uninsured ⦿ Minnesota: 13% uninsured⦿ North Dakota: 9% uninsured
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NO-FAULT INSURANCE
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WORKERS’ COMPENSATION
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WORKERS’ COMP. CLAIMS⦿ Covers a portion of salary – some states up to
2/3⦿ In exchange for a payment – employee gives
up right to sue employer⦿ CLAIMS DENIED:
• If employee is intoxicated while working• Employee fails to follow safety rules
⦿ Amount paid follows a schedule/chart set up by the state – based on:
• seriousness of injury• Amount of time worker will be out• Worker’s average wage
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WORKERS’ COMP. CLAIMS⦿ Employee must notify employer right away if
injured.⦿ A medical doctor will be asked to verify
injury.⦿ A claim is filed.⦿ Injured worker receives payments until able
to return to work or recovers from injury.⦿ Many states have a commission to hear
claims & make decisions.⦿ Injured parties can appeal to a court if
disagree with the commission.****continued
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⦿ Quick, efficient system for getting injured $$⦿ Easier than litigation (court).⦿ Less costly than litigation.⦿ Less expensive for employers.⦿ Does not raise question of fault⦿ Some view system as flawed – doesn’t allow a
lawsuit.⦿ Injured may receive less in damages than was
lost.
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