Transcript Torts: A Civil Wrong Chapter 12
Torts: A Civil Wrong
C H A P T E R 1 8
Introduction
crime : criminal law :: tort : civil law Crime = wrong against society prosecuted & punished by the state Tort = wrong against an individual a plaintiff seeks to win a judgment against the defendant When a defendant loses a judgment, he/she will be punished by having to pay monetary damages The same illegal activity can be a crime and a tort Ex: Someone breaks into a house- is charged & prosecuted for crime, but may also be sued by the victim for monetary damages if there was damage to the house or stolen property that needs to be replaced
The Idea of Liability
Tort law = rules that govern civil law Tort law deals with the following questions: 1.
Who is responsible, or liable?
2.
How much should the liable person have to pay?
Driving a car, owning/managing a business, talking, using property, etc. can all be a tort liability A tort occurs when one person cause harm to another person, their property, or their reputation Tort law provides the injured person party with a remedy, something to make up for harm done (usually monetary damages)
The Idea of Liability
The Question The idea of liability, in essence, is this: Whenever someone, property, or a reputation is damaged, someone will bear the cost of the harm The question is: Who?
Morality Legal responsibility ≠ (necessarily) Moral responsibility Ex: You lie to your friend, as a result she is late to a meeting and gets fired. This is morally wrong, but not civilly This works both ways, but an example of that will come up later Moral fault is considered in a court’s decision
The Idea of Liability
Settlements Tort law provides that the two parties can meet and agree on a
settlement
If they cannot reach an agreement this way, one party may sue; in this case there will be a trial Approximately 90% of tort cases filed are settled without a trial For cases that do go to trial, there can be delays of a year or more
Case Study #1
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
Sixteen-year-old Carrie is babysitting four-year-old Jill. Carrie leaves Jill in the living room and goes into the kitchen to call her boyfriend. From the kitchen she can hear but not see Jill. While Carrie is away, Jill falls off a chair and is hurt.
Plaintiff—Jill’s parents (minors can’t sue); Defendant—Carrie Carrie might be held liable, but it depends on the circumstances. If the call could be considered reasonable or if the child would have fallen with her in the room, this would not result in a liability.
Case Study #2
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
Ben, a high school football player, tackles a teammate in practice. When the teammate hits the ground, his shoulder is dislocated.
Plaintiff—teammate; Defendant—Ben The action is reasonable due to the implied consent to be tackled that football players make when playing on a team. However, the coach or school might be sued if it is found they did not provide the proper training, protective equipment, etc.
Case Study #3
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
Mr. Rosch owns a large apartment building. When his janitors wax the lobby floor, they place near the front doot a 12-inch square sign that reads “Caution. Wet Floors” Mrs. Cole is hurrying home from shopping carrying two large bags of groceries. She doesn’t see the sign and slips and falls on the freshly waxed floor, injuring her arm and knee.
Plaintiff—Mrs. Cole; Defendant—Mr. Rosch and his janitors Mr. Rosch is likely to have “deep pockets” and would be sued (plus, he has vicarious liability). Rosch may not be liable if it can be proven that Cole was carrying the groceries in such a way that prevented her from seeing the sign. However, if the sign didn’t give enough notice, was not big enough, wasn’t in her language, etc., Rosch could be liable.
Case Study #4
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
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 on a chair, grabs the knife, and seriously cuts his finger.
Plaintiff—Parents of the injured son; Defendant—Corina If the jury finds that this was an accident, there would be no liability. However, if they rule that this is a foreseeable harm and that she has an obligation to keep visitors safe, she could be held liable.
Case Study #5
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
Scooter, a school bus driver, has a heart attack while driving the bus. The bus slams into a wall, injuring several students. One month earlier, Scooter’s doctor had warned him of his heart condition.
Plaintiff—Parents of injured students; Defendant—Scooter/his doctor/the school district If Scooter was warned against driving by his doctor, he could be sued (by probably the school district because they have “deep pockets” and vicarious liability. The doctor could be sued if he didn’t make his warning clear enough.
Case Study #6
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
Matt and Emily are sitting in the upper deck behind first base at a MLB game. A foul ball hit by the team’s star player bounces off a railing, smacking Matt in the head and giving him a concussion.
Plaintiff—Matt; Defendant—MLB player/team owner This would be unreasonable because of the assumption of risk—the person understands the possible risks at a ballgame and waives his/her rights when attending. In addition, most ticket stubs have a warning stating that the attendee assumes all risks associated with attending.
Case Study #7
Each case involves an injury. Assume that a civil suit is brought by the injured person. For each case, (1) identify the plaintiff and the defendant(s), and (2) determine whether the defendant should pay for the plaintiff’s damages. Explain your answers
Jess, an expert auto mechanic, continues to drive her car even though she knows that the brake linings are badly worn. Driving on a rain-slick road at night, she skids into a bicyclist who is riding one foot away from the right curb.
Plaintiff—bicyclist; Defendant—Jess Jess would only be liable if her failure to fix her brakes was the cause of the harm.
Read A Time to Kill (Ch. 37 & 38)
Questions due on Tues., April 22 nd
Start Runaway Jury
The Idea of Torts:
Yesterday, Today, and Tomorrow History/how it’s created Tort law has existed as far back as England in the 15 th century Tort law is based on common law — law made by judges through court decisions (precedents) Tort law may also be based on statutes — written law Ex: Some states have laws which state that is someone or property is harmed by a minor who was illegally served alcohol, the person who served the alcohol must pay the damages There is a saying that “for every interference
with a recognized legal right, the law will provide a remedy”
The Idea of Torts:
Yesterday, Today, and Tomorrow Tort law is a balance between usefulness and
harm
Ex: How safe must a drug be before the manufacturer is not considered legally responsible if the drug harms somebody?
Tort law tries to preserve individual choice, even if the choice might be harmful to the individual Ex: cigarettes
Types of Torts
There are three major categories of conduct for tort liability:
1.
Intentional wrongs
2.
3.
Acts of negligence Activities for which strict liability is imposed Intentional Wrongs Occurs when a person acts with the intent of injuring the person/property/both Ex: intentional lie to damage someone’s reputation; crazy-ex girlfriend keys ex’s car May also be crimes Defendant will be prosecuted by state and sued by plaintiff
Types of Torts
Negligence Most common tort Unintentional tort; occurs when a person’s failure to use reasonable care cause harm Ex: drunk driver hits a pedestrian The driver would still be liable
Types of Torts
Strict Liability “Applies when the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with utmost care” Plaintiff not required to prove that defendant was negligent or had intent to cause harm Ex: You are hit by a brick falling from a building being demolished. You do not have to prove that the contractor was careless.
Three groups of people face strict liability:
1.
2.
3.
Owners of dangerous animals People who engage in highly dangerous activities Manufacturers & sellers of defective consumer products
Case Study #1
Examine each of the following situations and determine whether a tort has been committed. If there is a tort, do you think it is an intentional wrong, an act of negligence, or an activity for which strict liability should be imposed? Explain.
Jose trips over his untied shoelace while running to catch a bus, breaking his ankle.
This is an accident; there is no tort
Case Study #2
Examine each of the following situations and determine whether a tort has been committed. If there is a tort, do you think it is an intentional wrong, an act of negligence, or an activity for which strict liability should be imposed? Explain.
Mr. Rosch buys a strong painkiller at the drugstore and takes the capsules according to the directions on the package. He has an extremely bad reaction to the drug and has to be taken to the hospital.
The pharmaceutical company might be liable using the theory of strict liability. But, other courts might say that the only way the drug company could be held liable is if they are negligent (don’t give proper warnings, do enough testing, etc.)
Case Study #3
Examine each of the following situations and determine whether a tort has been committed. If there is a tort, do you think it is an intentional wrong, an act of negligence, or an activity for which strict liability should be imposed? Explain.
Chen drinks too much alcohol at the office Christmas party. His supervisor, 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.
Chen is negligent. Ruth might be negligent for letting him drive, however, the court might ask whether Ruth had a duty to supervise him.
Read A Time to Kill (Ch. 39-41) for HW
Questions due Thurs., April 24 th
Continue Runaway Jury
Taking Your Case to Court
If an act is both a crime and a tort: The criminal case will be brought by the state- must prove beyond a reasonable doubt that the accused is guilty (standard of proof) The victim may also sue the criminal in civil court: The standard of proof is preponderance of the evidence To win, > 50% of the weight of the evidence must be in the plaintiff’s favor • In other words, who is more right?
Easier to win civil cases than criminal cases Appropriate b/c civil punishments are much less severe than criminal
Taking Your Case to Court
Who can be sued?
Almost anyone: individuals, groups of individuals, organizations, businesses, units of government… Plaintiffs may try to sue several defendants at once; try to sue a defendant with a lot of money This is called looking for a defendant with “deep pockets.” Employers can be sued for torts committed by their employees Employer may purchase liability insurance or raise prices to be able to pay damages for these cases For a minor: Must prove that child acted unreasonably for someone of that age & experience Plaintiff’s typically do this by suing child’s parents
Taking Your Case to Court
Who can be sued?
Immune defendants Within families Generally, children cannot sue their parents Historically, courts do not allow husbands to sue wives (& vise versa) – b/c of the traditional idea that husband & wife are one legal entity Against certain government officials Federal & state governments are immune from tort liability unless they waive (give up) this i mmunity • • From England: “the king can do no wrong” idea
Federal Tort Claims Act
Federal government agreed to be held liable for negligence or omissions by gov’t employees
Taking Your Case to Court
Who can be sued?
Immune defendants Against certain government officials President, federal judges, & members of Congress are completely immune 1997: Clinton v. Jones • President not immune from being sued while in office for tort committed before he/she became president
Taking Your Case to Court
Class Action
When hundreds of people want to sue, they can form a “class” and bring their lawsuit together.
Ex: The Costa Cruises “lawsuit now seeks $528,000,000, for just the 39 passengers.” (cruiselawnews.com) Individuals wishing to file a tort action should: Hire an attorney to file the legal papers, negotiate with the defendant, and represent them at trial Some lawyers work for a contingency fee- not hourly, but a portion of the recovery, often 30-40%
QUIZ:
T or F?
3.
4.
5.
1.
2.
Because most plaintiffs are unreasonable and money hungry, most cases are taken to trial.
F
Because the basis of tort law is that someone is always responsible, almost all cases result in damages for the plaintiff. Children cannot be sued.
F F
Tort law attempts to preserve individual choice.
T
People can sue employers for torts committed by employees just because the employers is in a better position to pay the damages.
T
Read A Time to Kill (Ch. 39-41) for HW
Questions due Thurs., April 24 th