Chapter 6 Personal Injury Laws 6 1 Offenses

Chapter 6: Personal Injury Laws 6 -1: Offenses Against Individuals 6 -2: Intentional Torts, Negligence, and Strict Liability 6 -3: Civil Procedure

6 -1: Offenses Against Individuals Goals: Ø Ø Ø Distinguish between a crime from a tort Discuss the elements of a tort Explain when a person is responsible for another’s tort

What is a tort?

Goal 1: Distinguish between a crime from a tort

Difference Between Crimes and Torts Crime *Offense against society *Public wrong Tort *Offense against individual *Injured party can sue and obtain judgement for monetary damages

What’s Your Verdict? o o o Pg. 89 Did Josephina commit a crime or tort or both? Reckless driving caused Josephina to be liable both criminally and civilly Crime -Reckless driving Tort -Injured John and his property

Goal 2: Discuss the elements of a tort

Elements of a Tort o o Duty Breach Injury Causation

Duty o Not to injure another n o Not to interfere with property rights of others n o ex. bodily injury, injury to someone’s reputation, invasion of privacy ex. trespassing Not to interfere with economic rights of others n ex. right to contract

Violation of Duty o o o Must be proved before injured party can collect damages Can be intentional or unintentional Can be based on negligence

Injury o Must be present--n If you act carelessly, but no one is injured, no tort!

Causation o o Breach of duty caused injury Degrees of causation n PROXIMATE CAUSE

Goal 3: Explain when a person is responsible for another’s tort

Responsibility for the Torts of Another o Vicarious Liability

Review o 6 -1 Worksheet

6 -2: Intentional Torts, Negligence, and Strict Liability Goals: o Identify nine common intentional torts o Define negligence and strict liability

What is an intentional tort?

Goal 4: Identify nine common intentional torts

9 Common Intentional Torts o o o o o Assault Battery False Imprisonment Defamation Invasion of Privacy Trespass to Land Conversion Interference with Contractual Relations Fraud

Assault o o o Threat to physically or offensively injure another Threat can be made with words or gestures Threat must be believable (there must be ability to carry out)

Battery o Harmful or offensive touching of another n o Shooting, pushing in anger, spitting on, etc. Frequently present after assault n Angrily raising a fist (assault) then punching someone (battery)

False Imprisonment o Depriving a person of freedom of movement without the person’s consent and without privilege o Privilege=police

Defamation o False statement that injures reputation n n o Spoken=Slander Written=Libel Needs to: n n n Be false Be communicated to 3 rd party Bring victim into disrepute, contempt or ridicule by others

Invasion of Privacy o Unlawful and unwelcome intrusion into one’s private life so as to cause outrage, mental suffering, or humiliation

Trespass to Land o o Entry onto the property of another without the owner’s consent May consist of other forms of interference with the possession of property n n Dumping garbage on someone’s land Breaking window’s of neighbor’s house

Conversion o o Using property inconsistently with owner’s rights Converters=theives

Interference With Contractual Relations o Enticing or encouraging someone to break a contract

Fraud o Intentional misrepresentation of an existing important fact---A LIE! n A misstatement is generally not fraudulent— intent is important

Goal 5: Define negligence and strict liability

Other Torts o Negligence n n n Most common tort Intent not a requirement (only carelessness) Involves breach of duty, causation, and injury

Duty and Negligence o o Reasonable-person standard Violation of duty must be the proximate cause of injury

Defenses to Negligence o o o Contributory negligence Comparative negligence Assumption of risk

Strict Liability o Liability that exists even though defendant was not negligent n Proof of activity and injury substitutes for proof of a violation of duty o o Ex. =target practice, blasting, crop dusting storing flammable liquids in large quantities, ownership of dangerous animals Sale of goods that are unreasonably dangerous (defective merchandise)

6 -2 Review o Worksheet

6 -3: Civil Procedure Goals: n. Discuss what damages are available to victims of torts n. Explain the various stages of a civil suit

Goal 6: Discuss what damages are available to victims of torts

What Can A Tort Victim Collect? ? o What are damages? n Monetary award to compensate for loss o n o Actual or Compensatory Damages Purpose s to place the injured party in same financial position as if tort had not occurred What other methods can be used to “pay” damages other than money?

Damages o o Compensatory Punitive

Goal 7: Explain the various stages of a civil suit

Civil Case Trials o Judges and Juries n n n o o Not always a right to a jury No jury=judge decides If a jury is present— 6 -12 members Plaintiff Defendant

Civil Case Proceedings o o Opening Statements Presentation of Evidence n n o o o Testimony by witnesses Articles of evidence Closing Arguments Jury Instructions Jury Deliberation Verdict Judgement

Satisfying a Judgment o Defendant pays n If not, writ of execution can be filed

Review o 6 -3 Worksheet

A Civil Action…