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Personal Injury Laws

Should a manufacturer be responsible for a customer's medical expenses if they are injured due to a defect in their product? This chapter explores the elements of a tort and discusses the differences between crimes and torts.

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Personal Injury Laws

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  1. Lessons Chapter 6 CHAPTER 6 Personal Injury Laws 6-1 Offenses Against Individuals 6-2 Intentional Torts, Negligence, and Strict Liability 6-3 Civil Procedure

  2. GOALS Chapter 6 LESSON 6-1 Offenses Against Individuals Distinguish a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort

  3. Chapter 6 H O T D E B A T E Your neighbor Shana is using a multipurpose woodcutting machine in her basement hobby shop. Suddenly, because of a defect in the two-year-old machine, a metal clamp from the machine breaks. The metal strikes Shana’s left eye, badly injuring it. The manufacturer had provided a one-year warranty against defects on the machine.

  4. Chapter 6 Do you think the manufacturer should be responsible for Shana’s medical expenses?

  5. Chapter 6 If the machine was defectively manufactured or designed  Manufacturer is strictly liable for injuries Warranty expired  does not matter, manufacturer still liable

  6. Chapter 6 What defense(s) does the manufacturer have against a suit for damages for her injury?

  7. Chapter 6 If Shana had made “material” modifications to the machinery, the manufacturer may be successful

  8. Chapter 6 HOW DO CRIMES AND TORTS DIFFER? • A crime is an offense against society—a public wrong. • A tort is a private or civil wrong—an offense against an individual • injured can sue for money damages (compensate for the injury) • acts can be torts and crime

  9. Chapter 6 What’s Your Verdict? • Josephina skied all day & was driving home near sunset • She dozed off momentarily and crossed the highway dividing line • Crashed head-on into John’s truck • Both drivers seriously injured • Both vehicles “totaled” • Any crime committed?

  10. Chapter 6 What’s Your Verdict? • Crime of reckless driving

  11. Chapter 6 ELEMENTS OF A TORT • Duty - to respect the rights of others • Violation of the duty • Injury – (no injury = no case) • Causation - • Proximate Cause – legally recognizable cause of harm • Strict Liability - liability is imposed even though intent & carelessness may be lacking

  12. Chapter 6 No Injury = No Lawsuit

  13. Chapter 6 ELEMENTS OF A TORT • Read What’s Your Verdict (beginning of Chapter 6-1) - • Did Mason commit a tort??

  14. Chapter 6 ELEMENTS OF A TORT • Yes - owed a duty to NOT injure neighbors’ property • Breached duty when he left fire unattended (on a windy day) • Negligence – most common tort based on carelessness • Injury – neighbor’s house burned down • Proximate Cause - leaving fire unattended

  15. Chapter 6 • Neighbor who was injured is entitled to DAMAGES – monetary award to compensate for the loss caused by a tort

  16. Chapter 6

  17. Chapter 6 RESPONSIBILITY FOR THE TORTS OF ANOTHER • In general, all persons are responsible for their conduct and therefore liable for their torts. • Vicarious liability is when one person is liable for the torts of another. • Parents may be liable if they give their children “dangerous instrumentalities” • Guns without proper instruction • Established patterns of dangerous behavior

  18. Chapter 6 RESPONSIBILITY FOR THE TORTS OF ANOTHER • Parents are not liable for the torts of their children unless a statute exists that says otherwise. • i.e. Some states hold parents liable, by statute, up to a specified amount of money for property damage caused by the minor child

  19. Chapter 6 What if someone sues you?

  20. Chapter 6 Offenses Against Individuals • A tort is considered to be an offense against society • TRUE / FALSE

  21. Chapter 6 Offenses Against Individuals • F A L S E

  22. Chapter 6 Offenses Against Individuals • A single act can be both a tort and a crime. • TRUE / FALSE

  23. Chapter 6 Offenses Against Individuals • T R U E

  24. Chapter 6 Offenses Against Individuals • Degree of causation of a tort great enough to be recognized by law is called • a) proximate cause • b) intimate cause • c) incidental cause • d) none of the above

  25. Chapter 6 Offenses Against Individuals • A - proximate cause

  26. Chapter 6 Offenses Against Individuals • In order to establish liability for a tort, all of the following must be proved except: • a) duty • b) breach of duty • c) harm recognized by law • d) vicarious liability

  27. Chapter 6 Offenses Against Individuals • D - vicarious liability

  28. Chapter 6 Offenses Against Individuals • An insane person cannot be held liable for a tort. • TRUE / FALSE

  29. Chapter 6 Offenses Against Individuals • F A L S E

  30. Chapter 6 Offenses Against Individuals • When one party is held responsible for the tort of another, the liability is called __________________ liability

  31. Chapter 6 Offenses Against Individuals • vicarious

  32. Chapter 6 Offenses Against Individuals • Which of the following types of torts are based on carelessness? • A) intentional torts • B) strict liability torts • C) negligence • D) none of the above

  33. Chapter 6 Offenses Against Individuals • C - negligence

  34. Chapter 6 Offenses Against Individuals • If you act recklessly, but do not harm anyone, there is usually no tort • TRUE / FALSE

  35. Chapter 6 Offenses Against Individuals • T R U E

  36. Chapter 6 Offenses Against Individuals • Parents generally are held liable for the torts of their children • TRUE / FALSE

  37. Chapter 6 Offenses Against Individuals • F A L S E

  38. GOALS Chapter 6 LESSON 6-2 Intentional Torts, Negligence, and Strict Liability Identify nine common intentional torts Define negligence and strict liability

  39. Assault Battery False imprisonment Defamation Invasion of privacy Trespass to land Conversion Interference with contractual relations Fraud Chapter 6 COMMON INTENTIONAL TORTSIntentional torts - torts for which the defendant intended either the injury or the act

  40. Chapter 6 ASSAULT The tort of assault occurs when one person intentionally threatens to physically or offensively injure another.  threat must be believable & person must have ability to carry it out Just pointing the gun at someone is assault

  41. Chapter 6 BATTERY An intentional breach of the duty to refrain from harmful or offensive touching of another is battery. (shooting / pushing in anger / spitting on / throwing pie in face) -- self defense is not battery -- consenting to contact (sports)

  42. Chapter 6 FALSE IMPRISONMENT False imprisonment is depriving a person of freedom of movement without the person’s consent and without privilege. Probable cause – privileged to imprison Merchants allowed to detain (reasonable basis for believing person shoplifted)

  43. Chapter 6 DEFAMATION If a false statement injures a person’s reputation, it may constitute the tort of defamation. To be legally defamatory, the statement must be false, be communicated to a third person, and bring the victim into disrepute, contempt, or ridicule by others. • If defamation is spoken, it is slander. • If the defamation is written or printed, it is libel.

  44. Chapter 6 DEFAMATION • Exception: statements about public officials or prominent personalities • No liability unless statement is made with malice (known to be false when made) • Judges, lawyers, jurors, witnesses & other parties in judicial proceedings are also immune for statements made during the trial/hearing • Truth is a defense to a defamation charge

  45. Chapter 6 INVASION OF PRIVACY Invasion of privacy is defined as the unwelcome and unlawful intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation. two-way mirrors (violates expectation of privacy) Politicians, actors & people in the news give up much of their right to privacy when they step into the public domain

  46. Chapter 6 TRESPASS TO LAND • The tort of trespass to land is entry onto the property of another without the owner’s consent. • Trespass may consist of other forms of interference with the possession of property. • Dumping rubbish on someone else’s property • Breaking someone’s window • Intent is required to commit the tort of trespass

  47. Chapter 6 Trespass Case • Edward and Bertha Briney, a decent, hard-working, God-fearing couple sought only what everyone seeks -- to PROTECT THEIR PROPERTY !! • -- owned an old, abandoned farmhouse • tried posting “No Trepassing” signs • tried boarding up the house

  48. Chapter 6 • A series of break-ins and trespassing incidents had occurred over the past ten years; most recent one month ago • Mr. Briney rigged a spring-gun to a bed frame to protect the premises from intruders • Marvin E. Katko and his friends went to the farmhouse looking for antique jars (he was there weeks before and got away)

  49. Chapter 6 • They entered the house by removing a board from a porch window • Marvin went into the bedroom and as he opened the bedroom door, a shot-gun discharged, blowing away a substantial portion of his leg • Marvin sued the Brineys for battery • What do you think happened??

  50. Chapter 6 • Marvin won a jury verdict of $30,000 • Brineys had to sell off 80 acres to satisfy judgment • W H Y ? ? Our society values life more than property! Photos of Parties 

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