street law: the case of… table 1: the lung cancer death table 2: the spilled peanut butter ...
TRANSCRIPT
Street Law: The case of… Table 1: The Lung Cancer Death Table 2: The Spilled Peanut Butter Table 3: The Steering Wheel Failure Table 4: The Airline Explosion Table 5: The Expensive Insurance Premium Table 6: The Nonstop Car Everyone Completes: The School Slip and
FallBe ready to discuss your case with the class.
Torts:A Civil WrongMs. Weigl
What is a tort? When a person commits a wrong in civil
law.
Quick Review
Plaintiff Judgment Defendant damages
Strict liability
Applies when a defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with the utmost care.1. Owners of dangerous animals2. People who engage in highly
dangerous activities3. Manufacturers and sellers of defective
consumer products
Liability Tort law deals with these basic questions (1) who should be liable or responsible for harm caused by human activities (2) how much should the responsible person have to pay
Important Terms remedysomething to make up for the harm done liabilitylegal responsibility for harm settlementagreement reached by both parties common lawlaw made by judges through court decisions, generally in state appellate courts: basis of tort law
Important Terms intentional wrongAn action done with the intent of injuring a person, his or her property, or both. negligenceMost common tort.Occurs when a person’s failure to use reasonable care causes harm.
Important Terms Civil lawDeals with disputes between individuals or groups of individuals Standard of ProofThe level of certainty and the degree of evidence necessary to establish proof in a civil or criminal proceeding
Important Terms Preponderance of the evidenceUsually a standard of proof used in a civil suit; the burden of proof that a party must meet in order to win the lawsuit Deep pocketsA description of the person or organization, among many possible defendants, best able to pay damages and therefore most likely to be sued in a tort case
Important Terms MinorA child; a person under the legal age of adulthood; usually 18 or 21. WaiveTo give up some right, privilege, or benefit voluntarily ImmuneExempt from penalties, payments, or legal requirements; free from prosecution
Important Terms Class actionA lawsuit brought by one or more persons on behalf of a larger group
Contingency feeThe fee paid to an attorney based on the percentage of the sum the client is awarded or settles for in a lawsuit
Important Term Liability insuranceThe type of coverage or insurance that pays for injuries to the other people or damage to property if the individual insured is responsible for an accident during the term of the contract
Important Term premiumsPayments made for insurance coverage
deductibleThe amount an insured person agrees to pay toward repairs before the insurance company pays anything.
Important Terms
Malpractice Failure to meet acceptable standards of practice in any professional or official position.
Medical coverageInsurance which covers an individual’s own medical expenses resulting from accidents
Collision coverageInsurance that pays for damage to the insured’s own car caused by an automobile collision
Important Terms Comprehensive coverageThe portion of an insurance policy that protects an individual against automobile damages or losses other than collisions.
Uninsured motorist coverageInsurance that protects drivers from those with no insurance or inadequate insurance.
No-fault insuranceA form of automobile insurance or accident insurance (available in only a few states) in which each person’s insurance company pays up to a certain share of damages, regardless of fault.
Exclusive remedyThe only solution, or compensation, available to a plaintiff in a particular legal situation
Application Sixteen-year-old Carrie is babysitting for
her four-year-old niece Jill. Carrie leaves Jill alone in the living room and goes into the kitchen to use the phone to call her boyfriend. From the kitchen she can hear but not see Jill. While Carrie is out of the living room, Jill falls off of a chair and is hurt.
Application Ben, a defensive tackle on the high
school football team, tackles a teammate in a full-contact practice. When the teammate hits the ground, his shoulder is dislocated.
Application Mr. Ghosh owns a large apartment
building. When his janitors wax the lobby floor, they place a 12-inch-square sign near the front door that reads: “Caution. Wet Floors.” Mrs. Gonzalez is hurrying home from shopping with two large bags of groceries. She does not see the sign and slips and falls on the freshly waxed floor, injuring her knee and arm.
Application Corina leaves a sharp knife on the
kitchen table after making a sandwich. A three-year-old neighbor, who has been invited over to play with Corina’s daughter, climbs up onto a chair, grabs a knife, and seriously cuts his finger.
Application Jamal, a school bus driver, has a heart
attack one morning while driving the bus carrying students to school. As Jamal loses consciousness, the bus slams into a wall, injuring several students. One month earlier during a routine check up, Jamal’s doctor had warned him of his heart condition.
Application Matt and Emily are sitting in the upper
deck of the stadium behind first base at a major league baseball game. A foul ball hit by their team’s star player bounces off a nearby railing, smacking Matt in the head and giving him a concussion.
Application Jess, an expert auto mechanic,
continues to drive her car even though she knows that the brake linings are badly worn. Driving below the speed limit on a rain slick road at night, she slams on the breaks and skids into a bicyclist who is riding one foot away from the right curb.
Tort or No Tort? Determine whether a tort has been
committed in each situation. If there is a tort: is it intentional? is it an act of negligence? is it an activity for which strict liability should be imposed?
Tort or No Tort? Jose trips over his untied shoelace while
running to catch a bus, breaking an ankle.
Tort or No Tort? Mr. Slifko buys a strong painkillerat the
drugstore and takes the capsules according to the directions on the package. He has an extremely bad reaction to the drug and has be taken to the hospital.
Tort or No tort? Chen drinks too much alcohol at the
office holiday party. His super visor, Ruth, advises him to take a taxi home, but he thinks he will be okay if he drives slowly. Not noticing a stop sign, he strikes and kills a pedestrian crossing the street.
Insurance? You have an eight-year-old car with a
market value of only $4,000. The annual cost of collision insurance, should you continue to purchase it? Give your reasons. Should you carry liability insurance? Explain.