TORTS:A CIVIL WRONG

CHAPTER 17

WHAT IS A TORT?⦿ A person committing a wrong in civil law.

• Wrong against a person/property

VERSUS⦿ A person committing a wrong in criminal law

which is a CRIME• Wrong against society

TORT LAW⦿ Establishes standards of care society expects

from human beings - we are expected to act with reasonable care toward others & other’s property.

⦿ Provides a legal process for injured persons to recover money damages from wrongdoers who cause them harm.

⦿ Deals with basic questions such as:1. Who should be responsible/liable for harm caused

by a human being?2. How much should the responsible party have to

pay?

WHY LEARN ABOUT TORT LAW?⦿ Everyday activities can be a source of harm and

possible tort liability.◼ Driving a car◼ Running a business◼ Speaking to others◼ Writing◼ Using others’ property

⦿ Understanding torts can help you avoid conflicts without going to court.

⦿ Society usually feels a wrongdoer should pay for their intentional or careless actions that caused harm.

IDEA OF TORT LAW

PLAINTIFF⦿ In a civil case – the person harmed.

⦿ Seeks a “judgment” against the wrongdoer.

⦿ A “remedy” – something to make up for what was lost.

⦿ Through payment of damages, it is hoped that future injuries & losses will be prevented & better behavior will be encouraged.

DEFENDANT⦿ In a civil case – the person that did wrong.

⦿ If found guilty – legally liable!

⦿ No jail time.

⦿ Penalty will be some form of compensation, usually $$$$ -- called “damages”.

CAN ONE ACT BE BOTHA TORT & A CRIME ????

⦿ Crimes and torts are different.

⦿ YES – one act CAN be both a crime and a tort.

RESPONSIBILITY

⦿ LIABILITY – one’s legal responsibility.⦿ Not the same as moral responsibility.⦿ You can be morally responsible & not civilly

liable for causing harm.• Example: telling friend the wrong time of day –

causes them to miss a job interview – doesn’t get the job….no civil liability

⦿ You can be civilly liable & not morally at fault◼ EXAMPLE: see strict liability—certain party are

responsible for cost even tho there is no proof of fault.

SETTLEMENTS⦿ When an agreement can be reached

regarding how to compensate the injured party.

⦿ Much more common than trials.

⦿ 90% of tort cases filed in court are settled without a trial.

⦿ WHY are they filed in court ?? ⦿ DISAGREEMENTS can result in going to trial

for a decision.

TYPES OF TORTS⦿ THREE major categories.

1. Intentional – a person acts with intent.~~ can also be a crime – the punishment usually doesn’t make up for tort harm

2. Negligence -- unintentional -- failure to use reasonable care

****most common tort

3. Strict liability – applies when the wrong is SOOOO dangerous there is a serious risk EVEN IF acts w/utmost care.

*****continued

⦿ In strict liability cases – no need to prove that the defendant was either negligent or intended to cause harm in order to recover damages.

EXAMPLES: building demolished – hit by brickmining with explosives

⦿ THREE groups face strict liability:1. Owners of dangerous animals2. People who engage in highly dangerous activities3. Manufactures & sellers of defective consumer

products

⦿ Not all injuries will lead to a recovery

INTENTIONAL TORTSAGAINST PERSON⦿ Assault⦿ Battery⦿ False imprisonment⦿ Infliction of emotional distress⦿ Invasion of privacy

AGAINST PROPERTY⦿ Trespass to land⦿ Trespass to/conversion of chattel “an item of

movable or immovable property except real estate & things connected with real property”

CIVIL LAW⦿ Disputes between individuals or groups of

individuals⦿ Tort law is civil law⦿ Some acts can be both a tort and a criminal

act (example: burglary & trashing place)⦿ Preponderance of the evidence – 50% of the

evidence be in favor of winning party⦿ Civil cases easier to “prove” than criminal

cases⦿ No jail time – only penalties paid

ELEMENTS OF NEGLIGENCE1. DUTY – we are obligated – reasonable care2. BREACH OF DUTY – failure to #13. PROXIMATE CAUSE – legal responsibility for

bringing something about4. HARM – loss/damage resulting from failure

to use reasonable care

WHO CAN BE SUED ??⦿ Individuals⦿ Groups of individuals⦿ Organizations⦿ Businesses⦿ Units/sections of government

⦿ People try to sue those with “deep pockets” ⦿ Children can be sued – have to prove child

acted unreasonably for their age & experience – parents also sued for failure to supervise child.

IMMUNITY⦿ Society deems some people should never be

sued – even if conduct was improper.⦿ Families – governments – government officials⦿ HISTORICALLY

• Children can’t sue parents• Parents can’t sue children• Spouses can’t sue each other

⦿ Tort laws change over time• spouses can now sue each other• Siblings can sue each other

GOVERNMENTS⦿ “the King can do no wrong”⦿ federal and states governments immune from

tort cases – unless they waive/give up their immunity

⦿ Federal Tort Claims Act “FTCA” – allows citizens to recover damages for intentional violations of rights.

⦿ Bringing suit against the federal government involves an administrative process as well as a lawsuit in federal court. Along the way, you must juggle federal procedural law and state substantive law and avoid some tricky pitfalls.

WHO CANNOT BE SUED?Free from tort liability for acts carried out within the scope of their duties:⦿ “Nixon v. Fitzgerald” ⦿ Federal judges⦿ Members of Congress

CONSTITUTION STATES: “The Senators & Representatives…shall in all cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their attendance…and in going to…from..; and for any Speech or Debate in either House, they shall not be questions in any other place.”

⦿ 1997 “Jones v. Clinton”

CLASS ACTION SUITS

⦿ A group of people injured/wronged by one action, come together to file a single case.

⦿ A settlement will be divided between the parties.

⦿ Attorney should be hired.⦿ Attorney usually agrees to work for a

“contingency fee” – normally 30-40% if case is won. No fee if case is lost.

INSURANCE⦿ Liability insurance is a contract – the client

pays “premiums” on a regular basis during the contract.

⦿ Insurance company agrees to pay for damages caused by the insured persons during the contract period.

⦿ Limits set on how much can be paid out.⦿ Contract also requires insurance company to

defend person in court, if needed.

MALPRACTICE INSURANCE

⦿ A lawsuit based on a claim that a professional provided services in a negligent manner.

⦿ Who buys malpractice insurance?• Doctors• Lawyers• Other professionals

⦿ If sued, without malpractice insurance, a person would be personally responsible for paying damages.

COST⦿ MANUFACTURERS: also hold liability

insurance.⦿ Cost of insurance is passed on to the

customers – added on to the price of service or product.

⦿ HOMEOWNERS & RENTERS: usually carry liability insurance

• Example of a claim: burglar steals all electronics

⦿ INTENTIONAL HARM caused by insured person…hardly any policies cover

AUTO INSURANCE⦿ MOST IMPORTANT type of liability insurance.⦿ Autos cause approximately 10,800,000

accidents per year.⦿ Autos cause approximately 35,900,000 deaths

per year.⦿ Most states require all drivers to carry

liability insurance. ⦿ Covers:

• Injuries to others & property• Representation in court• Damages up to limits listed in policy

LIABILITY INSURANCE LIMITS⦿ Important to consider how much insurance to

carry. One might have to personally cover any claims that exceed insurance covers.

⦿ Usually limits how much a person can collect:1. A limit on injuries per person2. A limit on total injuries to all persons involved3. A limit on property damages per accident

30/60/10 - MINNESOTA⦿ What do these important numbers mean?⦿ This is Minnesota’s minimum auto insurance

requirement for drivers.⦿ $30,000 – bodily injury liability limit per

accident⦿ $60,000 – total bodily injury liability payable

per accident (for all parties)⦿ $10,000 – property damage liability limit⦿ Driver may be sued if damages go above what

insurance covers.

AUTO MEDICAL INSURANCE⦿ Covers your own medical expenses involving

your car or car you’re driving⦿ Pays for passenger’s expenses, regardless of

who is at fault⦿ Coverage limited to policy

AUTO COLLISION COVERAGE

⦿ Covers damage to your own car – even if it was your fault.

⦿ Usually covers up to the actual value of the car (not replacement of a new car).

⦿ A “deductible” is the amount you agree to pay before insurance pays.

⦿ The higher the deductible, the cheaper your collision insurance cost.

AUTO COMPREHENSIVE COVERAGE

⦿ Protects you against damage or loss to car from causes other than collisions.

• EXAMPLES:● Vandalism● Fire● Theft

⦿ EXTRAS -- towing & rental cars.

AUTO UNINSURED MOTORIST

⦿ 1 out of 7 drivers are uninsured ⦿ Minnesota: 13% uninsured⦿ North Dakota: 9% uninsured

NO-FAULT INSURANCE

WORKERS’ COMPENSATION

WORKERS’ COMP. CLAIMS⦿ Covers a portion of salary – some states up to

2/3⦿ In exchange for a payment – employee gives

up right to sue employer⦿ CLAIMS DENIED:

• If employee is intoxicated while working• Employee fails to follow safety rules

⦿ Amount paid follows a schedule/chart set up by the state – based on:

• seriousness of injury• Amount of time worker will be out• Worker’s average wage

WORKERS’ COMP. CLAIMS⦿ Employee must notify employer right away if

injured.⦿ A medical doctor will be asked to verify

injury.⦿ A claim is filed.⦿ Injured worker receives payments until able

to return to work or recovers from injury.⦿ Many states have a commission to hear

claims & make decisions.⦿ Injured parties can appeal to a court if

disagree with the commission.****continued

⦿ Quick, efficient system for getting injured $$⦿ Easier than litigation (court).⦿ Less costly than litigation.⦿ Less expensive for employers.⦿ Does not raise question of fault⦿ Some view system as flawed – doesn’t allow a

lawsuit.⦿ Injured may receive less in damages than was

lost.