Torts: Civil Wrongs

1. Torts: Civil Wrongs C.18-Unit 4

2. Introduction • “Torts are concerned with the allocation of loses resulting from the activities of people. It is an attempt to balance the utility of a particular type of conduct against harm which it may cause, judged by the prevailing social and economic attitudes of the time” Legalines • In criminal law when someone commits a wrong, we call it a crime. In civil law when someone commits a wrong, we call a tort.

3. Intro continued • Civil law deals with wrongs against individuals. • A harmed individual becomes the plaintiff in a lawsuit. • The plaintiff in a civil lawsuit seeks to win a judgment against the defendant, or accused wrong-doer. • The defendant will not be punished with jail time as in a criminal case but rather ordered to pay damages, which are monetary.

4. The Idea of Liability • The rules that govern civil wrongs are called tort law. • Tort law deals with basic questions such as • Who should be responsible, or liable? • How much should the responsible person have to pay? • Tort law provides the plaintiff with a remedy, something to make up for the harm that was done. • For example, if I am injured in a car accident someone will bear the cost of the harm. I will have medical bills, emotional issues, loss of wages at work, etc.

5. Liability • Stella Liebeck is burned from a hot cup of coffee from McDonalds and sues for $2.86 million because of “pain and suffering” • Who is liable? • The judge awarded her the money but reduced her remedy to $640,000 • This why we have the phrase “Caution contents may be hot” on food and beverages now.

7. Liability • Go to other ppt for examples of outlandish torts

8. Settlement • The two parties in a lawsuit meet outside of court to reach an agreement. • 90% of cases end in settlement • Why is this so common?

9. The Idea of Torts: Yesterday, Today, and Tomorrow • The idea of tort law dates back to fifteenth century England. • Tort law is generally based on common law. • Common Law: Previous court decisions • In the past persons who caused an injury paid $1,000, future defendants will also pay $1,000 • Tort law is also based on statues, or written law. Statues are state laws. • N.C. Law says persons causing injury must pay $1,000

10. Types of Torts • Intentional Wrong: A person acts with the intent of injuring a person or property • Negligence: A person’s failure to use reasonable care causes harm (think malpractice or vehicle accident) • Strict Liability: The defendants activity is so dangerous that a plaintiff is not required to prove negligence or intended harm • Dangerous dogs

11. Taking your case to court • Tort law is civil law, which deals with disputes b/w individuals or groups of individuals. • It is possible for an act to be both a tort and a crime. • Think O.J. Simpson case. He was charged with both a crime and later a tort. He was found not guilty in the criminal case but found at fault in the civil case of the “wrongful death” lawsuit

12. Taking your case to court • In a civil case your standard of proof need only be a preponderance of evidence • This is the “Burden of Proof” in a civil (tort) case. • Judges & Juries must be “fairly certain” the defendant is at fault • Not as strict as “beyond a reasonable doubt” in a criminal case.

13. Who can be sued? • Almost anyone can be sued. • Plaintiffs usually sue defendants that have the money to pay the damages. • Think whole drug company vs. the guy who invented the drug. Or restaurant owner vs. janitor if you fell and hurt yourself on a wet surface. • Minors can be sued but if damages are rewarded the parents will be help responsible for the money.

14. Who cannot be sued? Who is immune? • Generally speaking society has decided that for public policy reasons certain groups of people shold not be sued. • Examples are: • Suits within families • Against governments • Certain government officials. • For example, you cannot sue your parents and husbands and wives are typically not allowed to sue each other. • Times have changed and some states do allow family members and husbands and wives to sue each other.

15. Government immunity • The federal and state governments are immune from tort liability unless they waive, or give up, this immuinty. • Federal Tort Claims Act allows the federal gov’t to be sued if their actions are negligent . • Federal Tort Claims Act does not allow citizens to sue the federal gov’t for most intentional torts. • The president, federal judges, and members of Congress are completely immune from tort liability. • Clinton v. Jones

16. Class Action lawsuit • Class action lawsuits are when large groups of people get together to sue an individual. • For example, • 1993: The citizens of Hinkley, Ca filed a lawsuit against Pacific Gas & Electric (PG&E)for contaminating the water with chromium (VI). (Awarded $295 million) • Basis for the movie Erin Brocovich.

17. Contingency Fee • This is when a lawyer works for fee or portion of the damages instead of billing the plaintiff his or her hourly rate.

18. Insurance • The purpose of liability insurance is so that an injured party can recover money from the wrongdoer’s insurance company when an accident occurs and not from the wrongdoer. • So when you pay for liability insurance you must pay the company a premium for the insurance. • Most doctors and lawyers carry malpractice insurance to protect themselves from malpractice suits.

19. Steps in a Trial