Chapter 6 Torts and Strict Liability
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-2 Three Kinds of Torts A tort is a wrong. There are three kinds of torts. Intentional torts Unintentional torts (negligence) Strict liability
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-3 Intentional Torts Against Persons Assault Battery False imprisonment
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-4 Intentional Torts Against Persons Misappropriation of right to publicity (appropriation) Invasion of the right to privacy Defamation of character Slander Libel
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-5 Intentional Torts Against Persons Intentional misrepresentation (fraud) Intentional infliction of emotional distress Malicious prosecution
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-6 Unintentional Torts (Negligence) Elements of negligence The defendant owed a duty of care to the plaintiff. The defendant breached this duty of care. The plaintiff suffered injury. The defendant’s negligent act caused the plaintiff’s injury.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-7 Duty of Care Standards applied Reasonable person standard Reasonable professional standard Failure to exercise care is a breach of duty
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-8 Actual Cause The defendant’s negligent act must be the causation in fact or actual cause of the plaintiff’s injuries.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-9 Proximate cause A point along the chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-10 Special Negligence Doctrines Negligent infliction of emotional distress Negligence per se Res ipsa loquitor Good Samaritan laws
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-11 Professional Malpractice Professionals, such as doctors, lawyers, accountants, and others owe a duty of ordinary care, called the reasonable professional standard, in providing their services. A professional who breaches this duty is liable for professional malpractice.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-12 Defenses Against Negligence Superseding or intervening event Assumption of the risk Contributory negligence Comparative negligence
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-13 Contributory Negligence A defense that says a person who is injured by a defective but has been negligent and has contributed to his or her own injuries cannot recover from the defendant
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-14 Comparative Fault A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his or her injuries is responsible for a proportional share of the damages
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-15 Strict Liability Strict liability is liability without fault. Some activities place the public at risk of injury even if reasonable care is taken. Applies to abnormally dangerous activities such as blasting.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-16 Strict Liability Strict liability is imposed without regard to fault. All parties in the chain of distribution of a defective product are strictly liable for injuries caused by that product. Applies to goods, not services Privity of contract between plaintiff and defendant is not required.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-17 Product Liability The liability of manufacturers, sellers, and others for the injuries caused by defective products
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-18 Comparing Negligence and Strict Liability ManufacturerDistributorRetailer Consumer injured by defective product All in the chain of distribution are liable. Negligent party is liable.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-19 Defective Product In order to recover under strict liability, the injured party must show that the product causing the injury was defective. A product can be found to be defective in many ways.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-20 Common types of Product Defects Manufacture Design Failure to warn Packaging Failure to provide adequate instructions
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-21 Defects in Manufacture Manufacturer fails to properly assemble a product. Manufacturer fails to properly test a product. Manufacturer fails to adequately check the quality of a product.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-22 Defects in Design Defects that occur when a product is improperly designed Risk-utility analysis may be applied
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-23 Failure to Warn A defect that occurs when a manufacturer does not place a warning on the packaging of products that could cause injury if the danger is unknown There is no duty to warn of generally known dangers.
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-24 Defect in Packaging Occurs when a product has been placed in packaging that is insufficiently tamperproof
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-25 Defenses to Product Liability Generally known danger Government contractor defense Assumption of the risk Misuse of the product
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-26 Defenses to Product Liability Supervening event Statute of Limitation and Statute of Repose
Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall.6-27