1. TORTS: A Civil Wrong

2. Fairplay.org

3. What is a Tort? A civil wrong A breach of some obligation Causing harm or injury to someone –Negligence –Libel Plaintiff Defendant Sue for damages, usually monetary

4. Idea of Liability Tort law – rules that govern civil wrongs 1.Who should be liable (held responsible?) 2.How much should the responsible party pay? Remedy – something to make up for wrong done

5. Idea of Liability Liability – legal responsibility for harm Tort law provides legal processes for resolving disagreements –Settlement more common than… –Trial Three possible results 1.Settle for full amount 2.Defendant admits no liability; go to court 3.Admit some liability; settle for lesser amount

6. Idea of Torts: Yesterday, Today, Tomorrow Date back to England, 15 th Century Mainly based on common law (judge made law) May utilize statutes (written laws) Balance usefulness v. harm -medical treatment/drugs -Preserve individual choice -smoking

7. TYPES OF TORTS Intentional wrongs- acting with intent to injure another person, property or both –Intentional wrong could involve crime; but only monetary damages would involve tort law Negligence – unintentional; results from failure to use reasonable care –Most common –Drunk driver injuring pedestrian

8. TYPES OF TORTS Strict liability – defendant engaged in an activity so dangerous that there is a serious risk of harm even if he/she acts with utmost of care –Plaintiff is not required to prove that the defendant was either negligent or intended harm Three groups face strict liability –Owners of dangerous animals –People who engage in highly dangerous activities (contractors who demolish buildings) –Manufacturers and sellers of defective consumer products

9. TAKING YOUR CASE TO COURT Civil Law – disputes between individuals/groups of individuals –In some cases tort can be criminal & civil Standard of proof – amount of evidence needed for a plaintiff/prosecutor to show defendant is guilty –Preponderance of the evidence – (civil only) more than 50% of evidence must be in plaintiff’s favor –Easier than criminal trial

10. WHO CAN BE SUED? Anyone Employers, doctors, schools, etc... have liability insurance Minors –Must prove child acted unreasonable for age/experience in order to sue –May sue minor’s parents Immune – protected from lawsuits –Government/government officials –Some suits within families

11. WHO CAN BE SUED? President, federal judges, members of Congress are completely immune from tort liability for acts carried out within the scope of their duties –Clinton v. Jones (1997) President can be sued for acts committed before he was President Qualified immunity – may only be sued if official knew or should have known that their acts were violating the rights of others

12. WHO CAN BE SUED? Class action – when many are injured by one action –Form “class” to bring lawsuit –Split settlement or damage award –Erin Brockovich

13. WHO CAN BE SUED? If you want to file a tort action… –Hire an attorney File paperwork, negotiate with defendant, representation at trial –Some lawyers work for a contingency fee Do not pay unless plaintiff wins Lawyer usually gets 30%-40%, not paid hourly

14. INSURANCE Liability insurance is a contract (agreement) –Make payments (premiums) to insurance company –Insurance company agrees to pay for damages caused by insured persons for length of contract Doctors, lawyers, builders, manufacturers, homeowners, car owners –Malpractice suits – brought by clients/patients who claim that a professional person provided services in negligent manner

15. INSURING A CAR If you drive, you MUST have liability insurance –2001: 6.3 automobile accidents resulting in more than 42,000 deaths and over 3 million injuries –$230 billion in losses –Liability insurance pays for… Injuries to other people/property if you are responsible Representation in court by insurance company’s attorneys Only pays limits of your coverage; if damages exceed your coverage, you will have to pay difference (= bankrupt)

16. INSURING A CAR Liability policies have 3 limits on total that people can collect: 1.Limit on injuries per person 2.Limit on total injuries to all persons involved in the accident 3.Limit on property damage per incident –“100/300/50”

17. INSURING A CAR Medical coverage – pays for your own medical expenses from accidents involving your car/car you were driving Collision coverage – pays for damages to your car (even if accident was your fault) –Michigan is a no-fault state – your own insurance company pays for damages/injuries –Waive right to sue to get payment Pros/cons?

18. INSURING A CAR Deductible – amount one agrees to pay toward repairs Low deductible – high premium High deductible – low premium Comprehensive coverage – protects one from damage or loss to car from causes other than collisions –Deer –Windshield Uninsured motorist coverage – protects you from drivers who don’t have insurance or enough

19. WORKERS’ COMPENSATION Automatically compensate (pay) employees who are injured on the job Employers contribute to state fund or purchase liability insurance Employees… –Do not have to go to court to collect –Usually receive a portion of their salary –Must follow safety rules to receive compensation –Must not be under the influence when injured (usually – could result in a decrease in compensation) Exclusive remedy – employee can not take further civil action if workers’ compensation is received

20. FRONTLINE: A Dangerous Business

21. FRONTLINE: A Dangerous Business Revisited