ADMINISTRATION OF JUSTICE TORT LIABILITY DUTIES TO OTHERS. Name: Period: Row:

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1 ADMINISTRATION OF JUSTICE TORT LIABILITY DUTIES TO OTHERS Name: Period: Row: I. WHAT IS A TORT? A. A tort is any unreasonable action that someone or does damage to a person's property. 1. An overtired baby-sitter falls asleep, allowing the toddler she's watching to go down a flight of stairs. a. The injury sustained by the baby was due to the of the baby-sitter. 2. Causing injury or damage by failing to act in a certain way may also be considered a. B. Under tort law, we have a to act reasonably at all times in order to ensure the safety of other people and their property. 1. Violations of this duty are called acts. 2. Everyone has a responsibility to others that involves: a. not intentionally causing injury to a person; b. not causing to a person's property; c. not acting in a careless or negligent way that causes injury or damage. 3. Some people have special duties. a. A doctor, for example, has the duty to perform certain when a patient comes in for a checkup. b. The manufacturer of a product has a duty to ensure that the product is. c. A store owner has a duty to keep the floor clean so shoppers won't slip and fall. 4. People who don't exercise reasonable care may be, or legally responsible for injury caused to others. II. TORT LAW GIVES US CERTAIN RIGHTS. A. We have the right to go about our daily lives without fear of being injured by someone else. 1. If we are injured because of someone's unreasonable, wrongful actions, law gives us the right to be compensated. a. Compensation is payment for an injury or a loss. B. The earliest tort laws came from medieval English law. 1. Offering a legal procedure for settling, these tort laws kept citizens from "taking the law into their own hands" C. The U.S. Constitution and the have helped shape modem tort law. 1. The lawmakers through and the judges in their court decisions. a. Each attempt to ensure that people do not violate their duty to act reasonably. 2. Tort law is a type of law. a. The legal action taken in civil cases is called a. b. The person who brings the lawsuit is called the plaintiff. c. The person who is is called the defendant. Copyright Public Services Educational Materials MODULE 17C

2 III. INTENTIONAL TORTS A. An intentional tort is a done to another person on purpose. 1. For an intentional tort to take place, the following elements must be present: a. The defendant commits a certain. b. The defendant means to commit that act. c. The defendant's act causes to the plaintiff. 2. John injures a neighbor by moving a the neighbor was about to sit in causing the neighbor to fall to the floor. a. John s action was intentional (that is, he did it on purpose); b. John s action caused the to his neighbor. c. John's action clearly fits the definition of an intentional tort. 3. In the law of, to do something intentionally means to do it voluntarily. a. The reason, or, for the action doesn't matter. b. What matters is that something was done and that it wasn't an accident. (1) John said that he took the chair because he it and would not have taken it if he had known his neighbor was about to sit in it. (2) The judge held him anyway. (3) Regardless of the reason, John had intended to move the chair. (4) is also not a factor in intentional torts. (a) If John was only 8 years old at the time of the incident, he would still be held because he should know his action could have caused harm. 4. Imagine that a student throws a smoke bomb into a classroom in order to annoy a teacher. a. The teacher isn't there, but another student on the smoke. b. The first student did not intend to hurt the other student. c. He did intend to the bomb. d. Therefore, he has committed an intentional tort. e. He is liable for the he caused. B. What kinds of acts constitute an intentional tort? 1. Some criminal acts also violate laws. a. Many intentional torts fall into that category. (1) They are as well as torts. 2. Assault and battery are good examples of intentional torts. a. Under tort law, battery is defined as physical with someone against his or her will. (1) You don't have to touch someone to commit. (a) John's injuring his neighbor by pulling his chair away is legally an act of battery. (2) An assault is an act that puts someone in that he or she will be a victim of battery. 3. The single phrase assault and is often used because these acts frequently occur together. a. There can be cases of battery without assault. (1) Betty sneaks up behind Jill and her. b. There can also be cases of assault without battery. (1) Betty waves her fist at Jill but doesn't touch her. 2

3 4. Assault and battery are the most intentional torts. 5. The intentional tort of imprisonment means keeping someone in a confined space against his or her will. a. It doesn't necessarily involve someone behind iron bars. (1) A boy locks his sister in her bedroom so she would leave him alone. This would be false imprisonment. 6. Intentional infliction of emotional is another common intentional tort. a. As a joke, Sam tells his friend Bob that his house burned down. b. Bob has a attack when hearing the news. c. Because Sam s joke was responsible for the attack, a court could hold Sam liable for Bob s medical care. d. To make sure that the courts aren't cluttered with cases of hurt feelings, the law strictly limits the definition of emotional distress. (1) The action must be outrageous, and the must be extreme distress. (2) Just because someone is to you or insults you does not mean you can take that person to court. 7. An intentional tort may harm property or cause economic damage. a. These torts include on someone's property and taking, keeping, or destroying property that belongs to someone else. 8. Invasion of is another tort that may cause emotional injury or economic damage. a. A person can be liable for intruding on someone's private life. b. These intrusions may include; (1), eavesdropping, (2) electronic monitoring, (3) reading someone's or diary, (4) going through someone's without permission. IV. DEFENSES TO INTENTIONAL TORTS A. The most common defense is, or permission. 1. Consent is a valid defense only if it is given freely. 2. In addition to consenting, a person must understand what he or she is consenting to. a. They must give consent (1) The consent must be based on complete information. b. Before doctors perform they must explain to the patient all the potential problems the surgery might cause. B. Consent doesn't always have to be spoken or written. 1. The consent can be, or assumed because of the situation. 2. One type of implied consent is expressed through actions. a. If you voluntarily get into a roller coaster, you are consenting to being placed in or emotional distress. b. Just by living in a community, we offer implied consent to many things. (1) When we get on a we can expect a little jostling from the other passengers. (2) We can also expect that another passenger may us on the shoulder to ask directions. (a) By deciding to ride the bus, we are clearly consenting to these kinds of touching. 3

4 c. These touches - no matter how they are do not constitute acts of battery. 3. A second type of implied consent is assumed when a person cannot speak or act. a. Jack is hit by a causing a serious injury and his being knocked unconscious. b. Paramedics take him to a hospital, where perform emergency surgery and save his life. c. These actions were necessary to his life. (1) Jack most likely would have consented if he had been able to do so, but he was unconscious. (2) Because of this, he was considered to have given consent. 4. The defense of implied consent has limitations. a. Taking someone s without permission if they are unconscious even if it might save someone else's life-would be a tort. C. Other Defenses to Intentional Torts 1. Legal defenses to intentional torts include: a. self-defense, b. defense of, c. defense of property. 2. The law of torts recognizes that if someone you or another person, you have the right to defend yourself or the other person in a reasonable manner. 3. You can also your property in a reasonable way. 4. As in criminal law, you have the right to use as much force as is necessary but no more than is necessary. a. Because property is considered less than human life, the right to protect it is quite limited.. 5. Necessity may also be a defense. a. A fire chief orders someone s set on fire to prevent an out of control fire from spreading. (1) The chief's defense was one of public necessity, his action was necessary to save the city. 6. Performing an action in the of duty is another defense. a. A police officer may detain someone, arrest someone, someone's activities, or even enter a person's home on the reasonable belief that it is necessary for public safety. 7. When law enforcement officers follow criminal procedures, their actions are not considered torts. 8. Another defense is discipline. a. Parents have the right to use reasonable physical force to discipline their children. (1) May not use unreasonable measures (such as or starvation). 9. "I made a mistake." a. Error, no matter how innocent, is a defense. (1) Jeff cuts down one of your trees by accident. (a) Jeff is for the cost of replacing the tree he cut down. V. NEGLIGENCE A. Negligence is the to act with reasonable standards of care for the safety of others. 1. Anyone who endangers others by being careless or by committing other unintentional acts may be sued for negligence. 2. In reviewing a negligence case a court would have to ask four questions: a. Did the defendant have a duty in this case? 4

5 b. Did the defendant breach, or to do, his duty? c. Did the defendant cause the harm? d. Did the plaintiff suffer? B. Everyone has a general duty to act in a way that doesn't injure others. 1. When we get behind the wheel of the car, we have a number of duties. a. We are expected to drive the car carefully, to remain alert, and to all traffic laws. 2. In order to decide whether someone failed to do a duty, a court asks what a person would have done under the circumstances. 3. Under tort law, a "reasonable person" is one who takes care not to injure others and acts sensibly. a. A reasonable person isn't the same as an ordinary person or an average person. C. What s reasonable, and how does the court decide whether a person has acted sensibly and used good judgment? 1. A judge and jury must look at each negligence case individually. 2. Once the court has determined that a person is negligent, the court must decide two things: a. Did the defendant cause the? b. Whether the plaintiff suffered damages. D. The courts have found that it is unfair to expect small children to behave like reasonable adults. 1. Courts use a slightly different standard when children are involved. a. Courts look at what a reasonable person of similar, experience, and maturity would have done. (1) A jury might find a child s parents negligent in not supervising a child. 2. One important exception to this "reasonable child" rule. a. If the child is engaged in an adult activity, such as driving a car the child is held to standards. E. Some people are expected to know more than the reasonable person. 1. An airline pilot has a higher of reasonable conduct. a. The pilot goes off course and the plane crashes injuring half the passengers. b. The pilot is tried for negligence. (1) The court does not ask what a person would have done. (2) The court asks what a "reasonable " would have done. 2. All professionals, such as doctors, nurses, lawyers, and police, are held to levels of what is reasonable. VI. FAILURE TO ACT A. There is no general " to act," failure to do something is usually not a tort. 1. There are several exceptions to this general rule. a. Someone who begins to another person may not give up and abandon the rescue. (1) You see a man collapse on a city street. (2) You shout, "I'll call an ambulance!" (3) You decide not to make the call after all. 5

6 (4) The delay in the man's treatment is your responsibility, and you may be held for his medical problems. b. Another exception to the rule is public places such as schools, museums, hospitals, and theaters. (1) Owners must keep those places for visitors. (a) Store owners have a special duty to (b) their stores. They must look for and clean up slippery floors and broken glass; they must keep public areas well lit. 2. People whose job it is to protect safety and provide aid to people in trouble also have a special duty to act. a. Lifeguards,, and fire fighters, law enforcement must attempt to save a person as part of their job. 3. Other duties are imposed by customary practice. a. It's customary for a to take x-rays before putting a broken arm in a cast. (1) If a doctor sets a broken arm without taking x-rays, he or she may be found. VII. DEFENSES TO NEGLIGENCE TORTS A. If the defendant can show that his or her were reasonable or necessary, that defendant may not be held liable. 1. The reasonable person standard. a. Defendants often try to that any reasonable person would have done what the defendant did. b. If the jury is, it will decide that the defendant was not negligent. B. Another common defense is to show that both the plaintiff and the defendant were at. 1. Two drivers are involved in a traffic collision. a. One driver sues the other for negligence. (1) A jury determines that drivers had been speeding. b. Who becomes liable when there is joint responsibility? (1) Some courts will say that one person can't be compensated for the negligence of another. (2) Courts in other states might the cost, assigning half the liability to the plaintiff and half to the defendant. (3) Other courts might split the liability proportionally, depending on who was more negligent. VIII. OTHER TYPES OF LIABILITY A. People may be held accountable for damage caused by that are by their very nature dangerous. 1. Companies are responsible for making or selling products that cause harm. B. Strict is the liability for dangerous actions that involve no negligence or bad intent. 1. Sometimes referred to as liability without fault. 2. Some activities-such as using and storing flammable liquids are considered to be extremely dangerous. a. Those people who engage in activities of this nature, are not governed by the reasonable person standard. b. These people are automatically held for any 6

7 injuries or damage caused by their actions. c. They are liable even if they took all possible care to the damage. 3. This form of liability is known as liability. 4. Keeping dangerous animals is one common activity for which people may be strictly liable. a. Under tort law, there are two categories of dangerous animals. (1) The first is animals. (a) If you keep a wild animal, such as a owners are strictly liable. (b) Even if you've trained the animal. (c) Owner must pay for any injuries the animal causes. (2) The second is animals that are known to be dangerous. (a) Domestic animals, such as and, are usually not considered dangerous. (b) If the animal has already or injured someone, owners are strictly liable for any further injury the animal causes. (c) This rule is sometimes expressed as (d) "every dog is allowed bite." After a has bitten one person, owners are liable for all future bites. 5. Most states have labor laws that try to discourage employers from hiring minors (usually under the age of 18). a. Some of these laws make an employer strictly liable for injuries to a minor on the job even if the employer did not cause the injury. C. Products liability 1. Products liability is another area of law. a. It protects consumers from being injured by defects in the products they buy. b. This type of liability uses a principle similar to liability: (1) When manufacturers make a product, (a) even if they don't know the product is defective they are liable for any injuries caused by using the product. (2) This includes products that may have been designed or an error in the manufacturing of the product. 2. Manufacturers cannot be held liable for a product that has been altered or by the consumer. 3. The law requires that products be able to withstand any "reasonably expected" use, even if it's not the use that the product was made for. a. A chair, for example, should not fall apart if somebody on it rather than sits on it. b. A screwdriver should not break if it is used to open a can of paint. 4. Even when a product is designed and made properly, a manufacturer may be required to warn consumers about the risks of using the product. a. Liquid drain opener (which is made from corrosive chemicals) must be with a warning such as "Caution: Harmful if swallowed. 7

8 b. A product that can injure a person if it is used incorrectly must be labeled with clear instructions for use. (1) Electric clothes dryers often have that warn against placing items made of rubber in the dryer. D. Defamation 1. Defamation means telling that hurt someone's interests or reputation. a. The lies may be spoken ( ) or written (libel). b. Someone else must hear or read the statement in order for a statement to be considered defamation. 2. A statement is considered defamation only if it is clear who is being in the statement. a. To be libel, the statement must be about a specific person who is clearly identified in the description. b. To make a generalized statement which could pertain to more than one individual probably would not be considered libel. 3. Defamation can come in the form of, actions, or even pictures. a. A cartoon could also be considered defamatory. 4. The best defense against a claim of defamation is. a. If what is said or written about someone is true, it cannot be called defamation. 5. Another defense is called, or protection from legal liability. a. When someone is testifying in court it's important to be able to speak freely. b. Witnesses are given absolute to talk, and can't be sued for defamation. 6. Another type of privilege is granted by the First Amendment. a. Fair permits the media to make a broad range of statements about public officials, and public figures such as celebrities. b. As long as these statements are made without, and even if they turn out to be untrue. c. Fair protects statements of opinion as well as statements of fact. (1) Critics are free to be honest in their review 's of movies,, and books. (2) Political commentators are free to state their opinions about public affairs. 8