The Law of Torts

 

In General (individual’s rights)

1.     right to be free from bodily harm

2.     right to enjoy a good reputation

3.     right to conduct business with out wrongful interference

4.     right to have property free from interference

 

A Tort is interference with another’s right by:

1.     intent

2.     negligence

3.     strict liability

 

The injured party sues the defendant or tort feasor.

1.     Brought in civil court

2.     Seek damages

3.     Not necessarily a crime

4.     Standard – preponderance of the evidence (i.e. more likely than not)

 


Intentional torts

1.     Assault – threaten to strike or harm resulting in fear.

2.     Battery – unlawful, unprivileged touching

3.     Trespass – wrongful injury or interference with another’s property

4.     Nuisance – anything that interferes with another’s enjoyment of property

5.     Interference with contract

6.     Deceit

7.     Conversion

8.     False imprisonment

9.     Defamation

10. Invasion of privacy

11. Misuse of legal procedure

12. Infliction of emotional distress

 

The Elements of an Intentional Tort

 

1.     An intentional tort.

2.     An injury.

3.     Tort was the proximate cause of injury.

4.     Injury caused damages.

 

The Intentional Torts

 

Assault

Threatening to strike or harm with a weapon or physical movement, resulting in fear.

 

Battery

Unlawful, unprivileged touching of another person.

 

Trespass

Wrongful injury or interference with the property of  another.

 

Nuisance

Anything that interferes with the enjoyment of life or property.

 

Interference with contractual relations

Intentionally causing one person not to enter or to break a contract with another.

 

Deceit

False statement or deceptive practice done with intent to injure another.

 

Conversion

Unauthorized taking or borrowing of personal property of another for the use of the taker.

 

False imprisonment

Unlawful restraint of a person, whether in prison or otherwise.

 

Defamation

Wrongful act of injuring another’s reputation by making false statements.

 

Invasion of privacy

Interference with person’s right to be lef alone.

 

Misuse of legal procedure.

Bringing of legal action with malice and without probable cause.

 

Infliction of emotional distress

Intentionally or recklessly causing emotional or mental suffering  to others.

 

 


NEGLIGENCE

Most common tort

 

1.     Duty of Care – a reasonable responsibility to act or not to act

2.     Breach of Duty – the reasonable person test.  (not equal to logical, normal or average)

3.     Proximate Cause – without breach the result would not have occurred.  (not equal to actual cause)

4.     Actual harm – (i.e. physical injury, property damage)

5.     Measurable Damages- a financial loss ( may include pain and suffering)

 

Defenses to Negligence

1.     Contributory Negligence – If plaintiff’s own negligence helped cause the injuries, then the plaintiff loses the lawsuit.

2.     Comparative Negligence – (Adopted by most states)  Plaintiff’s recovery is reduced by the percent of his or her negligence.

Assumption of Risk – If defendant can show that the plaintiff knew of the risk and still took the chance of being injured, may claim this defense to bar plaintiff’s recovery.

 

 


The third tort

 

Strict Liability

 

The doctrine of strict liability

Ø     Applies to ultra-hazardous activities that involve a great risk to people and property.

Ø     The risk is so significant that amount of care will eliminate that risk. 

Ø     (i.e. wild animals, explosives,  highly flammable liquids)

 

Also, applies to product liability –

Ø     cases in which people are injured from defects in products. 

Ø     The firm that manufactures a product is liable.

Ø     regardless of the fault for injuries to users of the product if a defect in one of those machines. 

Ø     Does not apply if company does not actively engage in the sale of that good.

 

Wrongful death statutes – preserve the rights of third parties affected by the death of a person to bring a lawsuit. 

 

Punitive damages relate to gross negligence and reckless disregard goes beyond compensation and allows the plaintiff to attack company profits.


 


WASHINGTON, D.C.--Three out of four tort cases filed in the
nation's 75 most populous counties never reached the courtroom because
they were settled out of court, according to a Department of Justice study
released today.  Only 3 percent went to trial, with the plaintiff winning
about half the time.   
     The study of 378,000 state tort cases (about half of all tort suits
completed from July 1, 1991, through June 30, 1992) found  that more
than 75 percent involved automobile accidents or property liability claims. 
Medical malpractice, product liability and toxic substance cases accounted
for 10 percent. Torts are wrongful acts--not including contract
disputes--that result in injury to another's person, property or reputation
and for which the injured party is entitled to compensation.  
     The average tort case took a little more than 19 months to 
conclude.  In one-quarter of the cases, the defendant did not file an
answer, and most of these uncontested cases ended in settlement
agreements.  Seven percent of medical malpractice claims were concluded
by a trial, and in these the defendants won three out of four cases. 
     Automobile tort cases primarily involved individuals suing individuals. 
Medical malpractice cases were mostly individuals against hospitals. 
Toxic substance and other product liability cases most often involved
individuals filing against businesses.
     The types of tort cases filed in the state courts of general jurisdiction
in the nation's 75 most populous counties included:
       Auto    . . . . . . . . . 60 percent
       Property . . . . . . . . .17
       Other negligence . . . . . 6
       Medical malpractice  . . . 5
       Product liability  . . . . 3
       Intentional injury . . . . 3
       Non-medical malpractice  . 2
       Toxic substance  . . . . . 2
       Slander and libel  . . . . 1
       Unknown  . . . . . . . . . 1
 
     In the 29 states in which the National Center for State Courts analyzed
1993 data, there were almost 6 million civil cases, which fell into the
following types:
       Domestic relations . . . . 41 percent 
       Small claims . . . . . . . 12 
       Contracts  . . . . . . . . 11
       Torts  . . . . . . . . . . 10
       Estates  . . . . . . . . . 10
       Real property rights . . .  7
       Other  . . . . . . . . . .  5
       Mental health  . . . . . .  2
       Civil appeals  . . . . . .  2
     The Center also said the number of tort filings remained relatively
stable from 1986 through 1993.

 

 

Tort trial cases terminated in
U.S. district courts, 1996-1997

Jury and Bench cases terminated

3,023

Plaintiff winners

1,249

Number of monetary awards to plaintiff

1,073

Median Award

$141,000

 

 

Of the 96,284 tort cases that were terminated in U.S. district courts during fiscal years 1996 and 1997, 3,023 or 3% were decided by a completed jury or bench trial.

  • Motor vehicle claims comprised 19.4% of tort trial cases, product liability 15.9%, and medical malpractice 7.4%.
  • Diversity of citizenship (cases that involve citizens from different States) was the reason why Federal rather State Courts handled 72% of tort trial cases, 15.6% involved a Federal question and 12.3% involved the U.S. Government as a plaintiff (0.2%) or a defendant (12.1%).
  • A jury decided 75% of tort cases brought to trial.
  • Plaintiffs won in 1,249 or 45% of the tort cases decided by trial verdict.
  • In 86% of the tort trial cases in which the plaintiffs won, the jury or court awarded damages. The median award was $141,000.
  • In 10% of the tort trial cases with a plaintiff winner, damages awarded were over $1 million and in 8% of the cases, awards exceeded $10 million.
  • The median case processing time for all tort cases from filing to termination exclusive of time on appeal was 17.3 months.