Torts!

1. Torts! Chapter 18

2. Criminal Law v. Torts Criminal Law: crime against the state Civil Law: person commits a wrong, not always a violation of law Plaintiff-the harmed individual, seeks a judgment against the defendant, the accused wrong doer. When can an action be a crime and a tort?

3. Burden of Proof Criminal: beyond a reasonable doubt Civil: preponderance of the evidence; more than 50% of the weight of the evidence must be in the plaintiff’s favor.

4. Who should responsible or liable for this harm? • To make up for the wrong doing, you would receive a remedy. • What would be an example of a remedy?

5. Liability • Legal Responsibility v. Moral Responsibility • Settlement: when 2 parties come to an agreement without going to trial • Kind of like a civil plea bargain… • Most cases settle

6. History of Torts Middle Ages: judges weighing usefulness of a n act against the harm caused to another. Today: If the usefulness of a new drug saves the lives of many cancer patients but causes the deaths of a few, should pharmaceutical companies be liable for the deaths. What about cigarettes? Balance individual choice v. community good

7. Different Torts Intentional Negligence Strict Liability

8. Intentional Tort/Wrong When a person acts with the intent of injuring a person, his or her property, or both

9. Negligence Drunk Driving, Malpractice are examples. Most common type of tort! The failure to exercise a reasonable amount of care in either doing or not doing something that results in harm or injury to another person

10. Strict Liability • The legal responsibility for damage or injury even if you are not negligent • owners of dangerous animals • people who engage in highly dangerous activities • Manufacturers and sellers of defective consumer products

11. Who can be sued? • Almost anyone can be sued: individuals, groups, businesses, units of gov’t. • Plaintiff vs. defendant (Money) • To recover damages from a minor, you have to prove that the child acted unreasonably for a person of that age and experience. • Usually the parents get sued for negligence in the case of a minor

12. Immunity • Some people are immune from tort suits. • Kids cannot sue parents… • Federal Tort Claims Act • the government can be held liable for negligent acts by its employees • Citizens cannot sue for intentional torts, but still can receive compensation

13. President, federal judges, and members of Congress are immune from tort liability for acts carried out within their duties.

14. Class Action • A person(s) representing a larger group • Erin Brockovich • For Example: A company contaminates the drinking water of an entire town, and a group of people from the town sue the company. After the settlement, money will be divided among all the people in the class action

15. In case a suit is brought against you… • Liability Insurance pays for injuries to other people, and damage to property. • Common in the workplace (doctors). • Insurance includes • Premium Cost: your payments for the insurance • The limit to how much the insurance company will pay • Requires the insurance company to provide the person with an attorney to defend them in court

16. Car Insurance OH requires ALL drivers to carry liability insurance to pay for certain losses. Insurance can pay for the cost of repairing your car, medical bills, lost wages, and pain and suffering from an injury. http://www.youtube.com/watch?v=thzUR_mq6OY&feature=relmfu http://www.youtube.com/watch?v=hObgDUfPyqo&feature=relmfu

17. Car Insurance continued… • Insurance pays for injuries to other people and property if YOU are responsible. • What happens to your insurance when this happens? • Insurance policies have 3 limits on how much a person can collect • A limit on injuries per person • A limit on total injuries to all persons in an accident • A limit on property damage per accident

18. Coverage • Medical Coverage: pays for your own medical expenses resulting from an accident, and passengers’ medical expenses too • Collision Coverage: pays for damage to your own car even if the accident was your fault (pays up to the value of the car) • Deductible: the amount you agree to pay toward repairs before the insurance company pays anything. The higher the deductible the less expensive the collision insurance

19. No-Fault Coverage • your own insurance company will pay up to a certain amount for injuries you receive in an accident, regardless of who is at fault. • Requires you to waive your right to sue the other party to recover any damages

20. Worker’s Compensation • Pays employees who are injured on the job, but gives up the right to sue their employer. • Perks • They do not have to go to court to prove the employer was at fault. • Receive a portion of their salary while they are unable to work

22. Stipulations of Worker’s Comp. • Cannot collect if you • Are intoxicated/do drugs • Didn’t follow safety regulations • The amount of money rewarded is set by a state schedule based on: • Seriousness of the injury • Amount of time the worker is expected to be out of work • The worker’s average weekly wage

23. Process Worker notifies employer that they were injured on the job. The employer may ask a doctor to verify the injury. A claim in filed. (Paperwork, tests, etc.) The worker will receive a workers compensation payment just like a paycheck until the employee can return to work.