TORT LAW – UNINTENTIONAL TORTSBusiness Law

What do you think an unintentional tort is?

UNINTENTIONAL TORTS

A person can commit an unintentional tort, when he or she acts in a careless manner that results in an injury to a person, damage to property, or both.

Negligence and strict liability are unintentional torts.

Torts

UNINTENTIONAL TORTS

Negligence is an accidental or unintentional tort resulting because of the failure to exercise the degree of care that a reasonable person would have exercised in the same circumstances.

UNINTENTIONAL TORTS

Strict liability is the doctrine that states that people engaged in ultrahazardous activities will be held liable, regardless of how careful they were and regardless of their intent.

NEGLIGENCE

Is an accidental or unintentional tort Is the tort that most often occurs in

society today.

ELEMENTS OF NEGLIGENCE

Duty of care Breach of duty Proximate cause Actual harm

NEGLIGENCE - DUTY OF CARE

All of us have a duty not to violate certain rights of others.

The plaintiff must demonstrate that the defendant owed him or her duty of care.

EXAMPLE – DUTY OF CARE

Julia was injured while diving at a public pool. The injury could have been avoided if the diving board had a guardrail. Julia sued the state’s Department of Health.

EXAMPLE – DUTY OF CARE

The court ruled the Department of Health had a duty to the state’s sanitary code, not a duty to inspect for safety problems. The Department of Health had no duty to Julia.

NEGLIGENCE – BREACH OF DUTY

Breach of duty is the failure to use the degree of care that a reasonable person would exercise in that same situation.

The words “reasonable person” must be used when instructing the jurors.

NEGLIGENCE – PROXIMATE CAUSE

Proximate cause is the legal connection between unreasonable conduct and the resulting harm.

Without proximate cause, the result would not have occurred.

NEGLIGENCE – ACTUAL HARM

The essence of any tort suit is a violation of a duty that results in injury to the plaintiff.

The plaintiff must have actually suffered physical injury, property damage, or financial loss.

DEFENSES TO NEGLIGENCE

Contributory negligence Comparative negligence Assumption of risk

CONTRIBUTORY NEGLIGENCE

Behavior by the plaintiff that helps cause his or her injuries may be considered contributory negligence.

COMPARATIVE NEGLIGENCE

The negligence of each party is compared under the doctrine of comparative negligence, and the amount of the plaintiff’s recover is reduced by the percent of his or her negligence.

ASSUMPTION OF RISK

If the defendant can show the plaintiff knew of the risk involved and still took the chance of being injured, he or she may claim assumption of risk.

EXAMPLE – ASSUMPTION OF RISK

Ronda begged Marcus for a ride home from school, even though she knew he had been ticketed for speeding and reckless driving on several occasions. On the way home there was an accident, and Ronda’s leg was broken.

If she were to sue Marcus for negligence, do you think Marcus should claim assumption of risk as a defense?

Why is strict liability considered an unintentional tort?

STRICT LIABILITY

Some activities are so dangerous that the law will apply neither the principles of negligence nor the rules of intentional torts to them.

STRICT LIABILITY

According to strict liability, if these activities injure someone or damage property, the people engaged in the activities will be held liable, regardless of how careful they were and regardless of their intent.

STRICT LIABILITY – PRODUCT LIABILITY When people are injured by defective

products, both the firm that manufactured the products and the seller of the products are liable for injuries.

TORT REFORM

Survival statutes Wrongful death statutes