chapter 6 torts and strict liability. copyright © 2010 pearson education, inc. publishing as...

Copyright © 2010 Pearson Education, Inc. Publishing as Prentice Hall. 6-1

Chapter 6

Torts and Strict Liability


Three Kinds of Torts A tort is a wrong. There are three kinds of torts.

Intentional torts Unintentional torts (negligence) Strict liability


Intentional Torts Against Persons

Assault Battery False

imprisonment



Misappropriation of right to publicity (appropriation)

Invasion of the right to privacy Defamation of character

Slander Libel



Intentional misrepresentation (fraud)

Intentional infliction of emotional distress

Malicious prosecution


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.


Duty of Care Standards applied

Reasonable person standard Reasonable professional

standard Failure to exercise care is a breach

of duty


Actual Cause The defendant’s negligent act

must be the causation in fact or actual cause of the plaintiff’s injuries.


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


Special Negligence Doctrines

Negligent infliction of emotional distress

Negligence per se Res ipsa loquitor Good Samaritan laws


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.


Defenses Against Negligence

Superseding or intervening event Assumption of the risk Contributory negligence Comparative negligence


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


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


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.


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.


Product Liability The liability of manufacturers,

sellers, and others for the injuries caused by defective products


Comparing Negligence andStrict Liability

Manufacturer

Distributor Retailer

Consumer injured by defective product

All in the chain of distribution are liable.

Negligent party is liable.


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.


Common types of Product Defects

Manufacture Design Failure to warn Packaging Failure to provide adequate

instructions


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.


Defects in Design

Defects that occur when a product is improperly designed

Risk-utility analysis may be applied


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.


Defect in Packaging

Occurs when a product has been placed in packaging that is insufficiently tamperproof


Defenses to Product Liability

Generally known danger Government contractor defense Assumption of the risk Misuse of the product


Defenses to Product Liability

Supervening event Statute of Limitation and Statute

of Repose

chapter 6 torts and strict liability. copyright © 2010 pearson education, inc. publishing as...

Documents

negligent party

duty of ordinary care

defective productall

strict liability actions

plaintiffs injuries

reasonable care

injured party

plaintiffs injury