TORTS SWBAT Define Tort Law Do Now List

TORTS SWBAT: Define Tort Law. Do Now: List a difference between Criminal and civil law. When can the two overlap? Adapted from Danielle Cattan Mia Oliveri Leno Medina

Copy in Notebook • Define Civil Law • What is a tort? • List three types of torts. • Give an example of each. • List elements of negligence • List an example of both Civil and Criminal Law overlapping

What is a tort? Tort: wrongful act that causes injury to a person or property and for which the law allows a claim by the injured party to recover damages (money). Car accident (example) There are 3 types of Torts: • Intentional • Unintentional • Strict Liability What are ways to solve disputes?

Intentional Torts The core element in an intentional tort is an intent, or purpose, to cause harm to another. The law provides that a person has intent if he or she desires to cause the consequences of his or her act, or believes that the consequences are substantially certain to result from the act. Intentional torts fall into two categories: torts against a person and torts against property.

Examples of Intentional Torts • • • Intentional torts against an individual: Assault Battery Malicious prosecution Intentional infliction of emotional distress. Slander (spoken expression that is false about a person that damages their reputation) *Public officials The intentional torts against property are: • Trespass to land • Vandalism (destruction of poverty)

Unintentional Torts Unintentional torts are usually the result of negligence, the failure of a party to conform its conduct to the standard of care required by law. The law requires a person to exercise that degree of care that a reasonable person would exercise under the same or similar circumstances. They can also be the result of malpractice, which is professional negligence.

Elements of Negligence • Duty: wrongdoer owed a duty of care • Breach of duty: violated • Causation: defendant’s action caused harm • Damages: plaintiff suffered actual damages • Reasonable person standard: duty to act reasonably towards others • E. g. Crossing the street; babysitting

Examples of unintentional torts Negligence Malpractice • Not putting salt down on a sidewalk if it is slippery • Some sports injuries • Neglecting to inform authorities of child abuse • Nuisance • Receiving incorrect medication from a pharmacy • Prescribing incorrect medication to a patient • Not receiving adequate care from a doctor or nurse

Cops: Mom Punished Son By Burning Him In The Oven Boy, 7, Found With Burns To Arms, Legs, Nose, Hands RAMAPO, N. Y. (CBS) ― Police arrested a 26 -year-old woman Friday, claiming she abused her 7 -year-old son by sticking him in the oven and turning it on as a form of punishment… last July when the boy arrived at a daycare center in Airmont where police say owner Joelle Lherisson noticed the boy had burns to his arm, hand, nose, and left leg. Lherisson, 37, however, failed to report the boy's condition to Child Protective Services or police, as required by law, and the boy was returned home to his mother, Tiffany Fraser. What type of tort would this be? ?

strict liability Strict liability in tort law is the concept that in certain situations a defendant is liable for plaintiff’s damages regardless of whethere was any "fault" or negligence on their part. Strict liability often applies to those engaged in hazardous or inherently dangerous ventures. There are 3 situations in which a defendant would be held strictly liable: • Construction • Pets • Defective products

examples of strict liability Construction You are walking on a sidewalk near an area where there is blasting going on. A piece of debris flies from that area and hits you, causing severe injury. You can sue the construction company and they would be held strictly liable Pets You are visiting the San Diego zoo. One day a tiger escapes from its cage and attacks several people, including you. You are left with severe scratches and must be hospitalized. The San Diego zoo would be held strictly liable for your injuries Defective Products You buy a crib for your baby, which you plan to assemble yourself. The instructions included with the crib however, cause you to assemble it wrong. The crib breaks and harms your baby. The manufacturer of the crib could be held strictly liable for not having good instructions

SF Zoo a crime scene as officials seek clues to tiger attack that killed visitor Thursday, December 27, 2007 12: 57 PM CST SAN FRANCISCO - The San Francisco Zoo was closed to visitors and considered a crime scene Wednesday as investigators attempted to determine how a tiger escaped from its enclosure and attacked three visitors, killing one of the men and mauling two others. They suffered “pretty aggressive bite marks, ” Mannina said. Is the SF Zoo liable? ?

Let’s review… • The morning after a snowstorm you are walking along the sidewalk in front of an apartment building. There is ice and you slip and fall, hurting your back. The apartment building manager committed an… Unintentional tort • You are trying to get a job at a clothing store, but someone you know contacted the store and told them bad things about you that are not true. They committed… and that is an. . . Slander Intentional tort • You have clearly told your neighbor not to step on your lawn because you are trying to grow a garden. Even knowing this, your neighbor trespasses onto your property. This is an… Intentional tort

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