Torts

Liability Tort Laws deal with basic questions such as: 1) who should be liable or responsible for harm caused by human activities 2) how much should the responsible person have to pay Think of all the activities that can be a tort. (Ice time) -Law requires reasonable care from individuals. -In a sense it emphasizes responsibility from all citizens -Tort law is the vehicle by which wrongdoers pay for their misdeeds -What is the deterrent value of civil law?

-Whenever someone is injured someone must pay for the harm done -Whenever someone is injured someone must pay for the harm done. (including the individual) -Tort law is concerned with determining who must pay. -Remedy is something to make up for the harm done (the pay) -Is there only physical damages that can be done to people? -Liability- legal responsibility for harm -Is lying a liability? -Moral responsibility vs legal responsibility

Settlement – agreement of the two parties 90% of all tort cases filed in court are settled without a trial E-Trade baby

The Idea of Torts: Yesterday, Today, and Tomorrow Common Law – law made through court decisions Statutes – laws made through written law Tort Law seeks to balance usefulness and harm. Groups of 2 or more: Half the group should brainstorm the advantages of cell phones, iPods, X-rays, and the internet. The other half of the group should brainstorm the disadvantages of these items. Tort Law also tries to preserve individual choice. Example: Cigarettes. Question: What does society and the government do with cigarettes in order to balance individual choice and protection from harm?

Types of Torts 1. Intentional Wrong 2. Acts of Negligence 3. Strict Liability 1. Intentional Wrong: An action done with the intent of injuring a person, his or her property, or both. The plaintiff must prove some kind of fault. Example: p. 219 Intentional torts may also be crimes Have some read examples for each of the 3. 1= For example, Ali… Last paragraph. 2= If a drunk driver accidentally hits… 3rd paragraph. 3=

Types of Torts 2. Acts of Negligence: It is an unintentional tort. It occurs when a person’s failure to use reasonable care causes harm. The plaintiff must prove some kind of fault. It is the most common tort Example: p. 220 3. Strict Liability: The legal responsibility for damage or injury even if you are not negligent. It applies when the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with utmost care. The plaintiff does not need to prove some kind of fault. Example: p. 20 3 groups of people face strict liability: 1. Owners of dangerous animals 2. People who engage in in highly dangerous activities 3. Manufacturers and sellers of defective consumer products Groups for 18.3 2= If a drunk driver accidentally hits… 3rd paragraph. 3= For example, you are hit by a brick… 4th paragraph. Groups for 18.3 - Break students into groups to work on 18.3, the caption on p. 221, and the scenario of me at the oip with the banana peel.

Taking Your Case to Court Standard of Proof: amount of evidence the prosecutor must present in order to win the case. Preponderance of the evidence – more than 50% Civil trial, torts Beyond a reasonable doubt - 100% Criminal trial, crimes O. J. Simpson case

Who would you sue in this case?: Steve Jobs Apple store owner Apple store employee Apple janitor Why? P. 222 Would you sue a minor? Who would you sue in replace of him/her? Case: You go to an Apple store and you slip on the floor there because the janitor failed to put up the Caution: Wet floor sign. This is an example of vicarious liability. Who would you sue if it was a smaller business such as Agosti’s? Answer Mr. Agosti and not one of his employees. This is an example of respondeat superior. It is also an example of vicarious liability.

Certain Defendants are immune to certain tort suits. -protected (Ice Time) Get in groups and list the type of people who are immune. P. 223 of your book for reference. What is it called when someone with immunity gives up their immunity? Class Action Suit – a lawsuit brought by one or more persons on behalf of a larger group. http://www.mainstreet.com/slideshow/family/family-health/erin-brockovich-bling-famous-class-action-lawsuits (famous class – action lawsuits) Contingency fee – the lawyer does not charge the client an hourly fee, but rather tries to get around 30%-40%. Lawyer only gets money if the plaintiff wins. Do you think this is always the best way to hire a lawyer?

Liability insurance is a contract – Agreement Premiums – payments made for insurance coverage Carinsurance.com