Chapter 6 Personal Injury Laws

1. Chapter 6Personal Injury Laws Lesson 6.1 Offenses Against Individuals

2. What is a tort? • A private or civil wrong • An offense against an individual

3. What happens when someone commits a tort? • The injured person can sue for money damages • Money is compensation for the injury

4. What crime did Josephina commit? What is the punishment? • Crime: reckless driving • Punishment: ticket or arrest • Criminal trial • Fined or jailed

5. What tort did Josephina commit? What is the punishment? • Tort: injuring John and his property • Punishment: John can sue her • Civil suit

6. The four elements of a tort. 1.Duty • Legal obligation to do or not to do something 2.Breach • A violation of the duty 3.Injury • A harm that is recognized by the law 4.Causation • Proof that the breach caused the injury

7. What duties are created by tort law? • The duty not to • Injure another (bodily injury, injury to someone’s reputation, or invasion of someone’s privacy) • Interfere with the property rights of others (trespassing) • Interfere with the economic rights of others (right to contract)

8. Definitions • Intentional tort • Breach of duty is intentional • Negligence • Torts based on carelessness • Someone was careless or negligent • Intent not required

9. Definitions Continued • Strict liability • Duty was violated and caused injury • Intent and carelessness not required Proximate cause • Exists when it is reasonably foreseeable that a breach of duty will result in an injury

10. What is it called when one person is liable for the torts of another? • Vicarious liability

11. When are parents liable for the torts of their children? • Property damage • Vandalism and malicious destruction of school property • Damages negligently caused while operating motor vehicles • “Dangerous instrumentalities” • Continuing dangerous habits

12. Think About Legal Concepts • 1.False (individual) • 2.True • 3.A (proximate cause) • 4.D (vicarious liability) • 5.False • 6.Vicarious • 7.C (negligence) • 8.True • 9.False

13. Think Critically About Evidence 10.Tort duties: to obey the posted regulations and to act reasonably in operating the truck on the ferry.Breach of duty: starting a truck (with bad brakes) when the ferry wasn’t docked.Injuries: Herrick’s car, Patton’s car, ferry’s barricadesProximate cause: Philip’s act of starting the truck w/o brakes

14. Think Critically About Evidence 11.Yes, Felicia is liable for actual proximate damagesNo, not proximate and speculativeNo, not proximate

15. Think Critically About Evidence 12.Todd is liable for negligence in allowing her to drive. Also, a car is considered a dangerous instrumentality in some states

16. Think Critically About Evidence 13.The minor is under 7, so he is not liable. In some states, the dangerous instrumentality laws would hold Monica liable.

17. Think Critically About Evidence 14.Patrick would be liable for not taking reasonable care of the car in leaving it out where it could be hailed on.The wear and tear of the road, even the hot oil and gravel nicks, would not foster liability on him, however.