TORTSIntentional and Unintentional

Criminal Vs. Civil Law

CRIMECRIME – A public wrong harming the general welfare of society.

TORTTORT – A private wrong committed by one person against another.

• Interference with another person’s rights

• Leads to Civil Cases• Grounds for a lawsuit

Intentional Torts

• Intentional Torts: a civil wrong that occurs when the wrongdoer engages in intentional conduct that results in damages to another

– Ex: Striking another person in a fight is an intentional act that would be the tort of battery. Although we learned that this act is dealt with in the criminal structure (by the state to punish the individual) the injured party can also bring about a civil lawsuit.

Torts

Torts – the wrongful acts

2 Categories of tortsIntentional Unintentional

Intentional Torts

AssaultAssault – Provoking the fear of immediate bodily harm, even if the victim is never touched.

BatteryBattery – The unlawful touching of another person, even if it isn’t harmful.

Does NOT require Does NOT require Criminal Intent!!Criminal Intent!!

Intentional Torts

DefamationDefamationInjuring another’s reputation by making false statements.

2 Categories:• Libel – Written or Printed Form

Includes TV, radio and newspaper

•Slander – Oral statement to a single third party. Albert Pujols case.pdf

Intentional TortsInvasion of PrivacyInvasion of Privacy

Interfering with a person’s right to be left alone.

• Some states have made this right a Statute.

• Federal Privacy Act of 1974• Requires agencies to provide you Requires agencies to provide you

with all information kept about you:with all information kept about you:– Records– Financial Information– Photographs

Intentional Torts

•Intentional Infliction of Emotional Distress: intentional conduct that results in extreme emotional distress. – Erin Andrews Case.pdf

Intentional Torts

False ImprisonmentFalse ImprisonmentMaking an arrest without meeting the proper requirements.

ExceptionException = Shoplifting (Store Managers and Detectives may detain with reasonable grounds for suspicion for a reasonable length of time.

Intentional Torts

TrespassTrespass

The wrongful damage to or interference with the property of another.

• PropertyProperty = anything you own (objects and possessions)

• Real PropertyReal Property = land and things built on land

NuisanceNuisance

Anything that interferes with the enjoyment of life or property.

Ex:Ex: Loud Noises, Horrible Odors

• Public NuisancePublic Nuisance = Affects many people

• Private NuisancePrivate Nuisance = Affects only one person

Intentional Torts

Note Sheet #2

TORTSIntentional and Unintentional

Learning Goal

To recognize the To recognize the conditions for the conditions for the

major types of major types of Unintentional TortsUnintentional Torts

Unintentional Tort

•A type of unintended accident that leads to injury, property damage or financial loss.

Unintentional Torts2 Major Types2 Major Types::

1.1. NegligenceNegligence – Injury caused by a person’s mere carelessness.o Negligence results when one person

carelessly injures another.o Negligence is being less careful than a

reasonable person should be in the same situationo reasonable person would have foreseen the

injury and taken preventive measures

Unintentional Torts

NegligenceNegligence

Negligence

Tort that occurs most Tort that occurs most often in U.S.often in U.S.

Elements of NegligenceElements of Negligence – To protect people from suing innocent people, the plaintiff must prove all of the following elements . . .

4 Elements of NegligenceDuty of CareDuty of Care – The defendant owed the plaintiff some responsible action.

4 Elements of Negligence

Breach of DutyBreach of Duty – The defendant failed to act as a “responsible person” to the plaintiff.

4 Elements of Negligence

Proximate CauseProximate Cause – The failure to act responsibly was the cause of the injury to the plaintiff.

4 Elements of Negligence

HarmHarm – The plaintiff was actually harmed or injured.

Unintentional Torts

Strict LiabilityStrict Liability

Unintentional Torts

Strict LiabilityStrict Liability – Injury caused by an individual’s participation in hazardous or dangerous activity.

Strict Liability

• Extremely Dangerous Extremely Dangerous Activities!!Activities!!

• It DOES NOT matter how It DOES NOT matter how careful you were, or what careful you were, or what your intent was.your intent was.– Examples: Examples:

• Using ExplosivesUsing Explosives

• Keeping wild animals as a petKeeping wild animals as a pet

Strict Liability

ConditionsConditions::

• Very hazardous activitiesVery hazardous activities

• Poses a great risk to Poses a great risk to people or propertypeople or property

• Risk is so great that no Risk is so great that no amount of care will amount of care will eliminate it.eliminate it.

Note Sheet #3

Defenses to Negligence

How can you How can you

defend yourself?defend yourself?1. Prove that one of the 4

elements did not exist.

2. Contributory Negligence

3. Comparative Negligence

4. Assumption of Risk

Defenses to Negligence

Contributory Contributory NegligenceNegligence: a defense against negligence whenever the defendant can show that the victim did something that helped cause his/her own injuries

Contributory NegligenceThe Plaintiff can lose The Plaintiff can lose the lawsuit if . . . . the lawsuit if . . . .

• The Plaintiff’s negligence helped cause their own injuries.

• It does not matter how slight the plaintiff’s own negligence was.

• Many states do not allow this defense, because they believe this is unfair to plaintiffs who were only slightly negligible.

Defenses to Negligence

Comparative NegligenceComparative Negligence: a defense against negligence which is raised when the carelessness of each party is compared to the carelessness of the other party

Comparative NegligenceThe Plaintiff can share The Plaintiff can share in the loss of the in the loss of the lawsuit if . . .lawsuit if . . .

• The Plaintiff’s negligence helped cause their own injuries.

• The Plaintiff’s recovery is reduced by the percent of their negligence.

• 50% Rule – Plaintiff is allowed to recover part of the award, as long as their negligence was not greater than the defendant’s.

Defenses to Negligence

Assumption of RiskAssumption of Risk: a defense against negligence that is raised when the plaintiff knew of the risk involved and still took the chance of being injured.

Assumption of Risk

The Plaintiff can lose The Plaintiff can lose the lawsuit if . . . . the lawsuit if . . . .

• The Plaintiff knew the risk involved in the activity, and still took the chance of being injured.

Defenses to Negligence

Strict LiabilityStrict Liability: a legal doctrine that says that some activities are so dangerous that liability will always follow any injury that results from those activities.

Strict Liability

• Some states call strict liability absolute liability.

• This rule applies only to ultra hazardous activities. These activities ALWAYS involve a great risk to people and property.– Using Explosives– Wild animals as pets

Strict Liability/Product Liability• Strict liability has been

applied to product liability cases. When people are injured by defective products.– Reason for recalls of products

– http://smotri.com/video/view/?id=v390686cbf5

Note Sheet #4

Strict Liability & Product Liability

• Strict Liability: person legally responsible for the damage and loss caused by his or her acts and omissions regardless of fault– Example: an individual is walking his/her dog.

It is a nice summer day and the owner decides to take the dog off their leash so it can run freely. A jogger runs by and the dog attacks, and bites, the individual causing the runner to get stitches and a rabies shot. The owner of the pet is strictly liabile for the actions of their pet.

• Product Liability: when individuals are harmed by an unsafe product, they may have a Cause of Action against the persons who designed, manufactured, sold, or furnished that product.– Example: an individual purchases a vehicle and

for 6 months the vehicle is running very smoothly. All of a sudden one day while driving down a hill the brakes malfunction and the driver is unable to stop, running their car into a ditch causing damage to the vehicle and themselves. The company that manufactured and/or sold the vehicle could be from liabile for damages.

If the injured party in a lawsuit dies, what happens to the lawsuit?

• Survival Statutes: Most states now say a lawsuit can continue even if both the plaintiff and the defendant die. (Used to be if the injured died, so did the suit)

• Wrongful Death Statutes: Allows the relatives to bring a lawsuit even if the victim has died. (Used to be if the injured died, person’s family forfeited the right to sue)