Introduction to Torts: Civil Law

Crimes vs. Torts A crime is a “public” wrong committed against society (in addition to the specific victim) A tort is a “private” wrong committed against an individual The same conduct can be both a tort and a crime

Definition of a tort A wrongful act that unfairly causes someone else to suffer loss or harm.

Key Differences In what ways are torts different from crimes? Parties Burden of Proof Remedies What is the most common remedy in a tort case?

Two Key Questions Tort law is designed to answer two critical questions: Who is liable for harm caused by the activity in question? How much should the liable person have to pay? (damages) What are the goals of awarding damages? Compensation Deterrence In some cases, punishment

Rotating activity Assume that a civil suit is brought by the injured person in each of cases.  1. Identify the plaintiff and the defendant(s) in each case 2. Determine if the defendant should pay for the plaintiff’s damages.

Intentional tort—i.e. assault Three Classes of Torts Intentional tort—i.e. assault Example 1: Ben gets mad at Bart and punches him in the nose.

Negligent tort--negligence Three Classes of Torts Negligent tort--negligence Example 2: Mary carelessly runs a red light and hits Tim’s car, damaging both the car and Tim.

Strict liability tort—unreasonably dangerous actions Three Classes of Torts Strict liability tort—unreasonably dangerous actions Example 3: Joe owns a tiger rehabilitation center and a tiger gets loose and kills 3 people

-Torts that injure persons -Torts that injure property Intentional torts -Torts that injure persons -Torts that injure property

Intentional Torts—Injury to Persons Battery—intentional harmful or offensive contact (touching) Infliction of emotional distress—words or actions intended to cause extreme anxiety or emotional distress Conduct must be outrageous Assault—action that puts another person in fear of an immediate harmful or offensive contact Actual contact is not required

Intentional Torts—Injury to Persons Defamation—oral (slander) or written (libel) statements that are false, and which harm a person’s reputation Must be a statement of fact, not opinion “Public figures” must prove actual malice (intent to harm, not just intent to say something)

Intentional Torts—Injury to Property Real property—land/real estate Trespassing Nuisance (interfering with ability to enjoy one’s property Personal property—things that can be moved Intellectual property—inventions and creative works All are protected in our system!

Damages in Intentional Tort Cases Compensatory—damages that compensate the plaintiff for harm caused by the defendant Examples? Lost wages, medical bills, “pain and suffering,” loss of consortium Nominal—a small or “token” amount of damages awarded as a symbol of wrongdoing Punitive—damages to punish the person committing the intentional tort

negligence A very broad term: the failure to exercise a reasonable amount of care in either doing or not doing something, resulting in the harm or injury of another person.

Four Elements Duty—defendant owes a duty of care to the plaintiff (judge decides)—a legal obligation i.e. lifeguard has a duty to save someone who is drowning, but a stranger passing by may not Breach of duty—defendant’s conduct violated that duty (jury decides) Causation—the defendant’s conduct legally caused the plaintiff’s injuries/harm Damages—plaintiff suffered actual injuries or losses

Breach of Duty—The “Reasonable Person” Standard Negligence cases are decided based on whether a person’s conduct conforms to that of “the reasonable person of ordinary prudence or carefulness”

Damages Goal—restore the plaintiff to pre-injury condition (to extent possible) Money is the primary remedy Examples of damages: Hospital and medical bills Lost wages (past) Lost future earnings Property damage Pain and suffering Emotional distress Mental/physical disabilities

What is Strict Liability? Strict liability= liability without fault Elements: Causation (have to prove it is a unreasonably dangerous activity to which SL is applied) Damages Does not require proof of duty owed nor breach of duty, as required in negligence cases

Three Types of Activities Strict liability applies to: Dangerous (“ultra hazardous”) activities—an activity where risk cannot be eliminated even by reasonable care (1) wild animals kept as pets; and (2) domesticated animals whose tendency to bite is known Defective (“unreasonably dangerous”) products

Revisit our civil cases and decide what type of tort is involved: Rotating activity Revisit our civil cases and decide what type of tort is involved: Intentional tort Negligence Strict liability tort