1 Personal Injury Laws Lessons CHAPTER 6 4/14/2017Chapter 6CHAPTER 6Personal Injury LawsLessons6-1 Offenses Against Individuals6-2 Intentional Torts, Negligence, and Strict Liability6-3 Civil Procedure
2 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6LESSON 6-1Offenses Against IndividualsGOALSDistinguish a crime from a tortDiscuss the elements of a tortExplain when a person is responsible for another’s tort
3 CHAPTER 64/14/2017Chapter 6H O T D E B A T EYour 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 64/14/2017Chapter 6Do you think the manufacturer should be responsible for Shana’s medical expenses?
5 If the machine was defectively manufactured or designed CHAPTER 64/14/2017Chapter 6If the machine was defectively manufactured or designed Manufacturer is strictly liable for injuriesWarranty expired does not matter, manufacturer still liable
6 CHAPTER 64/14/2017Chapter 6What defense(s) does the manufacturer have against a suit for damages for her injury?
7 CHAPTER 64/14/2017Chapter 6If Shana had made “material” modifications to the machinery, the manufacturer may be successful
8 HOW DO CRIMES AND TORTS DIFFER? CHAPTER 64/14/2017Chapter 6HOW 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 individualinjured can sue for money damages (compensate for the injury)acts can be torts and crime
9 CHAPTER 64/14/2017Chapter 6What’s Your Verdict?Josephina skied all day & was driving home near sunsetShe dozed off momentarily and crossed the highway dividing lineCrashed head-on into John’s truckBoth drivers seriously injuredBoth vehicles “totaled”Any crime committed?
10 What’s Your Verdict? Crime of reckless driving Chapter 6 CHAPTER 6 4/14/2017Chapter 6What’s Your Verdict?Crime of reckless driving
11 ELEMENTS OF A TORT Duty - to respect the rights of others CHAPTER 64/14/2017Chapter 6ELEMENTS OF A TORTDuty - to respect the rights of othersViolation of the dutyInjury – (no injury = no case)Causation -Proximate Cause – legally recognizable cause of harmStrict Liability - liability is imposed even though intent & carelessness may be lacking
13 CHAPTER 64/14/2017Chapter 6ELEMENTS OF A TORTRead What’s Your Verdict (beginning of Chapter 6-1) -Did Mason commit a tort??
14 ELEMENTS OF A TORT Yes - owed a duty to NOT injure neighbors’ property CHAPTER 64/14/2017Chapter 6ELEMENTS OF A TORTYes - owed a duty to NOT injure neighbors’ propertyBreached duty when he left fire unattended (on a windy day)Negligence – most common tort based on carelessnessInjury – neighbor’s house burned downProximate Cause - leaving fire unattended
15 Chapter 6Neighbor who was injured is entitled to DAMAGES – monetary award to compensate for the loss caused by a tort
17 RESPONSIBILITY FOR THE TORTS OF ANOTHER CHAPTER 64/14/2017Chapter 6RESPONSIBILITY FOR THE TORTS OF ANOTHERIn 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 instructionEstablished patterns of dangerous behavior
18 RESPONSIBILITY FOR THE TORTS OF ANOTHER CHAPTER 64/14/2017Chapter 6RESPONSIBILITY FOR THE TORTS OF ANOTHERParents 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 What if someone sues you? Chapter 6What if someone sues you?
20 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsA tort is considered to be an offense against societyTRUE / FALSE
21 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsF A L S E
22 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsA single act can be both a tort and a crime.TRUE / FALSE
23 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsT R U E
24 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsDegree of causation of a tort great enough to be recognized by law is calleda) proximate causeb) intimate causec) incidental caused) none of the above
25 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsA - proximate cause
26 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsIn order to establish liability for a tort, all of the following must be proved except:a) dutyb) breach of dutyc) harm recognized by lawd) vicarious liability
27 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsD - vicarious liability
28 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsAn insane person cannot be held liable for a tort.TRUE / FALSE
29 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsF A L S E
30 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsWhen one party is held responsible for the tort of another, the liability is called __________________ liability
31 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against Individualsvicarious
32 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsWhich of the following types of torts are based on carelessness?A) intentional tortsB) strict liability tortsC) negligenceD) none of the above
33 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsC - negligence
34 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsIf you act recklessly, but do not harm anyone, there is usually no tortTRUE / FALSE
35 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsT R U E
36 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsParents generally are held liable for the torts of their childrenTRUE / FALSE
37 Offenses Against Individuals CHAPTER 64/14/2017Chapter 6Offenses Against IndividualsF A L S E
38 Intentional Torts, Negligence, and Strict Liability CHAPTER 64/14/2017Chapter 6LESSON 6-2Intentional Torts, Negligence, and Strict LiabilityGOALSIdentify nine common intentional tortsDefine negligence and strict liability
39 CHAPTER 64/14/2017Chapter 6COMMON INTENTIONAL TORTS Intentional torts - torts for which the defendant intended either the injury or the actAssaultBatteryFalse imprisonmentDefamationInvasion of privacyTrespass to landConversionInterference with contractual relationsFraud
40 CHAPTER 64/14/2017Chapter 6ASSAULTThe 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 outJust pointing the gun at someone is assault
41 CHAPTER 64/14/2017Chapter 6BATTERYAn 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 64/14/2017Chapter 6FALSE IMPRISONMENTFalse imprisonment is depriving a person of freedom of movement without the person’s consent and without privilege.Probable cause – privileged to imprisonMerchants allowed to detain (reasonable basis for believing person shoplifted)
43 CHAPTER 64/14/2017Chapter 6DEFAMATIONIf 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 64/14/2017Chapter 6DEFAMATIONException: statements about public officials or prominent personalitiesNo 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/hearingTruth is a defense to a defamation charge
45 CHAPTER 64/14/2017Chapter 6INVASION OF PRIVACYInvasion 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 64/14/2017Chapter 6TRESPASS TO LANDThe 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 propertyBreaking someone’s windowIntent is required to commit the tort of trespass
47 CHAPTER 64/14/2017Chapter 6Trespass CaseEdward and Bertha Briney, a decent, hard-working, God-fearing couple sought only what everyone seeks -- to PROTECT THEIR PROPERTY !!-- owned an old, abandoned farmhousetried posting “No Trepassing” signstried boarding up the house
48 CHAPTER 64/14/2017Chapter 6A series of break-ins and trespassing incidents had occurred over the past ten years; most recent one month agoMr. Briney rigged a spring-gun to a bed frame to protect the premises from intrudersMarvin E. Katko and his friends went to the farmhouse looking for antique jars (he was there weeks before and got away)
49 They entered the house by removing a board from a porch window CHAPTER 64/14/2017Chapter 6They entered the house by removing a board from a porch windowMarvin went into the bedroom and as he opened the bedroom door, a shot-gun discharged, blowing away a substantial portion of his legMarvin sued the Brineys for batteryWhat do you think happened??
50 Marvin won a jury verdict of $30,000 CHAPTER 64/14/2017Chapter 6Marvin won a jury verdict of $30,000Brineys had to sell off 80 acres to satisfy judgmentW H Y ? ?Our society values life more than property!Photos of Parties
52 Edward and Bertha Briney CHAPTER 64/14/2017Chapter 6Edward and Bertha Briney
53 CHAPTER 64/14/2017Chapter 6CONVERSIONConversion occurs when someone’s right to control the possession and use of personal property are violated.Conversion occurs if the property is stolen, destroyed, or used in a manner inconsistent with the owner’s rights.A thief is always a converter.Conversion occurs even when the converter does not know that there is a conversion.
54 INTERFERENCE WITH CONTRACTUAL RELATIONS CHAPTER 64/14/2017Chapter 6INTERFERENCE WITH CONTRACTUAL RELATIONSInterference with contractual relations occurs when a third party entices or encourages a breach of contract.
55 CHAPTER 64/14/2017Chapter 6FRAUDFraud occurs when there is an intentional misrepresentation of an existing important fact.The misrepresentation must be relied on and cause financial injury. Not personal opinions/views
56 CHAPTER 64/14/2017Chapter 6WHAT IS NEGLIGENCE?Duty and negligence -- intent to injure someone is NOT necessaryReasonable- person standard – act with care, prudence and good judgmentStandard is different for certain individualsUnder age 7 – incapable of negligenceIf child undertakes “adult activity” – held to adult standardProfessionals & Tradespeople – held to higher standardNegligence (most common tort); various degrees
57 CHAPTER 64/14/2017Chapter 6WHAT IS NEGLIGENCE?Breach of duty in negligence – the reasonable person standard defines the dutyCausation and injury in negligence – proximate cause (violation of duty must have caused injury)
58 CHAPTER 64/14/2017Chapter 6WHAT IS NEGLIGENCE?Defenses to negligence – contributory negligence (cannot recover); comparative negligence (partial recovery)Assumption of Risk – aware of danger, but decides to subject themselves to the risk
59 WHAT IS STRICT LIABILITY? CHAPTER 64/14/2017Chapter 6WHAT IS STRICT LIABILITY?Strict liability means holding a defendant liable without a showing of negligence.Strict liability makes the defendant liable if he or she engaged in a particular activity that resulted in injury.Target practice / blasting / crop dusting with dangerous chemicals / storing flammable liquids
60 CHAPTER 64/14/2017Chapter 6STRICT LIABILITYOwnership of dangerous animals also subjects you to strict liabilityBearsTigersSnakesElephantsMonkeysSale of goods that are unreasonably dangerous (seller & manufacturer of defective goods are responsible)
61 Civil Procedure GOALS LESSON 6-3 CHAPTER 64/14/2017Chapter 6LESSON 6-3Civil ProcedureGOALSDiscuss what damages are available to victims of tortsExplain the various stages of a civil suit
62 WHAT CAN A TORT VICTIM COLLECT? CHAPTER 64/14/2017Chapter 6WHAT CAN A TORT VICTIM COLLECT?Two types of remedies generally available for civil lawsuits:An injunction (court order) may be issued to prevent a tort or stop it from continuing.The usual remedy for a tort is damages
63 CHAPTER 64/14/2017Chapter 6DAMAGESDamages are a monetary award to the injured party to compensate for loss.Actual or compensatory damages are intended to compensate the plaintiff for loss.Punitive damages are intended to punish the defendant. – jury decides
64 CHAPTER 64/14/2017Chapter 6Attorney FeesContingency Fee Basis – lawyer takes a percentage of the recovery25% - if settled before trial33% - if won at trial40% - if won on appealIn all cases plus filing fees, expert witness reports, etc.
65 CHAPTER 64/14/2017Chapter 6What’s Your Verdict?Horsley, the owner of a dry cleaning store, lived next door to Eardly, who was editor of a small newspaper in their town. The two quarreled frequently and became enemies. As a consequence, when Eardly published a story on the drug problem in the town, he identified Horsley as a “drug dealer.” This statement was untrue and defamatory.What kind of damages could Horsley collect from Eardly in a lawsuit?
66 CHAPTER 64/14/2017Chapter 6What’s Your Verdict?If Horsley could prove injury to her business damagesIf Horsley could prove Eardly acted with malice punitive damages usually available where intentional torts are committed (not contract law or other torts)
68 HOW IS A CIVIL CASE TRIED? CHAPTER 64/14/2017Chapter 6HOW IS A CIVIL CASE TRIED?Judges always decide issues of law.Juries decide issues of fact.1) Jury selected
69 HOW IS A CIVIL CASE TRIED? Chapter 6HOW IS A CIVIL CASE TRIED?2) Opening statements – what each party will attempt to prove3) Evidence presented – documents, charts, sobriety test results, photos, etc.
70 HOW IS A CIVIL CASE TRIED? CHAPTER 64/14/2017Chapter 6HOW IS A CIVIL CASE TRIED?4) Closing arguments and instructions to jury5) Jury deliberation6) Verdict - Jury
71 HOW IS A CIVIL CASE TRIED? Chapter 6HOW IS A CIVIL CASE TRIED?7) Judgment - Judge
72 KEY TERMS USED IN A CIVIL CASE CHAPTER 64/14/2017Chapter 6KEY TERMS USED IN A CIVIL CASEYou’re the Judge –who should win the ball:Alex or Patrick
73 KEY TERMS USED IN A CIVIL CASE CHAPTER 64/14/2017Chapter 6KEY TERMS USED IN A CIVIL CASEEvidence – materials to prove/disprove alleged factsITEMS OF EVIDENCE/PROPERTY RECOVERED (1) Type ___ Damaged ___ Lost ___ Recovered ___ Stolen _X_ Taken into Evidence Item Description One (1) small skull apparently human (2) Type ___ Damaged ___ Lost ___ Recovered ___ Stolen _X_ Taken into Evidence Item Description One (1) small bone possibly human (3) Type ___ Damaged ___ Lost ___ Recovered ___ Stolen _X_ Taken into Evidence Item Description One (1) student backpack and assorted contents
74 KEY TERMS USED IN A CIVIL CASE CHAPTER 64/14/2017Chapter 6KEY TERMS USED IN A CIVIL CASETestimony – most common form of evidence – statements by witnesses under oathWitness – personal knowledgeSubpoena – written court orderVerdict – jury’s decisionJudgment – final result of trial
75 HOW IS A JUDGMENT SATISFIED? CHAPTER 64/14/2017Chapter 6HOW IS A JUDGMENT SATISFIED?Ordinarily, when a civil judgment for the plaintiff becomes final, the defendant will pay the judgment.If the defendant does not pay, the plaintiff may obtain a writ of execution.
76 Money – (payment, garnish paycheck, etc.) CHAPTER 64/14/2017Chapter 6Writ may be for:Money – (payment, garnish paycheck, etc.)Property– may be forced to sell to pay debt-- lien may exist until property is sold
77 Chapter 6Can you sue if someone steals your idea and it proves to be a very profitable undertaking?