Presentation Transcript

1. Basic Principles of Tort Law

2. Introduction What is a tort? A civil wrong An injured party can bring a civil lawsuit to seek compensation for a wrong done to the party or the party’s property
3. Introduction What is a tort? Tort damages = monetary damages Compensatory damages Punitive damages May be recovered in intentional tort and strict liability cases
4. Introduction 3 categories of tort Intentional torts Unintentional torts (negligence) Strict liability Relationship between Tort and Criminal Liability The primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms
5. Intentional Torts A category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries The law protects people from unauthorized touching, restraint, or other contact The law protects a person’s reputation and privacy
6. Intentional Torts Against Persons Assault The threat of immediate harm or offensive contact, or Any action that arouses reasonable apprehension of imminent harm Actual physical contact not necessary Threats of future harm not actionable
7. Example Suppose a 6’ 5”, 250 pound man makes a fist and threatens to punch a 5’, 100 pound woman. If the woman is afraid, can she sue him for assault?
8. Example Suppose a 6’ 5”, 250 pound man makes a fist and threatens to punch a 5’, 100 pound woman. If the woman is afraid, can she sue him for assault? If she is a black-belt karate champion and laughs at the threat and is not afraid, can she sue him for assault?
9. Intentional Torts Against Persons Battery The unauthorized and harmful or offensive physical contact with another person Intentionally hitting someone is considered battery because it is harmful Direct physical contact between victim and perpetrator unnecessary
10. Intentional Torts Against Persons Battery The victim need not be aware of the harmful or offensive contact Assault and battery often occur together Transferred intent doctrine Applies when a person acts with intent to injure one person but actually injures another The law transfers the intent from the target to the actual victim of the act
11. Unintentional Torts (Negligence) Where a person is liable for harm that is a foreseeable consequence of his/her actions Negligence is the omission to do something which a reasonable manwould do, or doing something which a prudent and reasonable man would not do
12. Unintentional Torts (Negligence) Elements of negligence Duty of care Breach of duty Harm or injury
13. Unintentional Torts (Negligence) Causation A person who commits a negligent act is not liable unless this act was the cause of the injuries. Causation in fact or actual cause Proximate cause or legal cause
14. Degrees of Negligence Simple Negligence Failure to use the degree of care an ordinary person would exercise Gross Negligence Show indifference to others Shocks fair-minded people Willful and Wanton Negligence Consciously acts with reckless indifference to the consequences Knowledge indicated probable injury to others Administration Textbook @ Page 142
15. Unintentional Torts (Negligence) Professional malpractice Reasonable professional standard Breach of this standard constitutes professional malpractice
16. Special Negligence Doctrines Negligence per se Tort where the violation of a statute or ordinance constitutes the breach of the duty of care Dram Shop Acts Social host liability Guest statutes
17. Defenses Against Negligence Superseding or intervening event A unforeseeable event that is the actual cause of the injury Assumption of the risk Can be used against a plaintiff who knowingly and voluntarily enters into or participates in a risky activity that results in injury
18. Strict Liability Liability without fault Participant in a covered activity will be held liable for any injuries caused by the activity even if he/she is not negligent Rationale
19. Criminal Culpability Negligence Crimes Civil Suit Effect of Violating Safety Standards on Tort Liability
20. Penalties Administrative Actions of Federal Agencies Parallel systems in states OSHA Publicizes Penalties Preventive – Deterrent Effect Willful, Serious and Routine Thousands to Millions of $$$$ 15 days to challenge by requesting a hearing Mine Safety & Health Administration, EPA, DOT, CPSC, NRC, etc. Citizen Lawsuits Strict Liability Offenses Fraud or Concealment Federal Contract Debarment & Blacklisting Administration Textbook @ Page 144-148
21. Questions