1 Chapter Four Torts The law of torts seeks to reimburse an individual who suffers a loss because of the dangerous or unreasonable conduct of others Exam 2 Notes Torts 1 Negligence failure to do what a reasonable person would do under the circumstances Elements of Negligence plaintiff has the burden of proof a Duty Owed Duty of Care must act as a reasonable person under the circumstances Duty is not owed in every case Duty of Children a child is held to the standard of care of a child of similar age intelligence and experience 0 to 7 age the child can do no wrong 7 to 14 age the child is not negligent but the law can overturned by showing negligence over age 14 18 person is negligent but held to standard of care of that age Exception if child is engaging in adult activity the child will be held to standard of care of the average person Ex driving a car flying a plane Negligent Entrustment liability that arises against a person who lends a car to an incompetent driver It makes the lender responsible for the actions of the driver Liability of Parents parent is not liable for children s actions unless agency relationship exists employer or parent is negligent parent directly at fault If parents have no insurance then parent is liable for kids up to 1 000 per person and 2 500 per incident if child commits tortuous activity PA law Malpractice suing a professional in their professional activity doctor lawyer Duty of Rescue generally there is no duty to rescue another ex lady drowning in the water Exceptions 1 Special Relationship between the parties need to help husband wife parent child employer employee business patron If you cause the harm you need to help 2 3 Good Samaritan Statute if you are medically trained and render emergency help you will only be liable for gross misconduct only doctors 4 Volunteer good Samaritan statute only applies to doctors Automated External Defibrillator Duty Landowners What duty do landowners owe to 1 Trespasser one who comes upon the property of another without permission or legal right 2 Must no injure through willful or wanton misconduct person who comes upon the land with permission ex 2 Licensee social guest or friend Owner is liable for known defect which guest is not liable to discover 3 Business purpose NO duty to inspect make sure it s safe Visitor person who enters the property for a business Liable for known defect which invitee is not liable to discover YES Duty to inspect make sure it s safe b Breach of Duty person didn t do what he was supposed to do didn t check the floor for spilled milk of the defendant and the harm suffered by the plaintiff c Proximate Cause must be a reasonable connection between the negligent conduct Putting it another way the negligent conduct must be a substantial factor in d Damages amount of money injured party receives as the result of the improper causing the harm conduct of the department Damages Include a Lost Wages b Medical Bills c Property Damage d Pain and Suffering Punitive Damages sum of money may be awarded to punish the defendant as the result of outrageous conduct Defenses in Negligence 1 Contributory Negligence failure of the plaintiff to act as a reasonable person under the circumstances States that follow contributory negligence you lose even if you are one percent at fault Only four states follow contributory negligence Comparative Negligence plaintiff will win as long as his negligence is not greater than that of the defendant PA follows this plaintiff must been at 51 at fault to lose Plaintiff will win as long as his negligence is not greater than that of the defendant 2 Assumption of the Risk when the plaintiff knowingly and voluntarily exposes him herself to the risk employer is liable Imputed Negligence because of a special relationship between the parties one person can be held liable for the negligence on another Ex employer employee if the employee commits tort within the scope of authority the 3 Independent Contractor person who contracts to do work on his own and is not subject to and control of the employer Parents are liable for a child s actions for 1000 if they have no insurance PA statute o Blah blah blah 2 Intentional a of Emotional Distress person who by outrageous conduct causes severe Infliction emotional distress to another is liable for the emotional distress ex put mouse in McDonald s food debt collector using fake son in hospital to b Battery battery is the intentional touching of the body of another or an object closely get ahold of her associated with the body in a harmful or offensive manner when a person engages in sport or play he or she consents to the usual touching s ex punching someone offensively slapping a woman on rear end food fight object closely associated c Assault Invasion d an act intended to put another in fear of an immediate battery of Privacy law guarantees that we have the right to be left alone Truth is not relevant Electronic Communications Privacy Act I an employer may monitor email if it occurs in the ordinary course of business or with employee s express or implied consent cannot give away companies secrets employer has right to not sexually harass someone ex employer allowed to read emails kid taking pictures of woman in window false statement which harms the reputation of another or lowers his or e Defamation her reputation in the community False statement and Must have Publication must tell a third person Truth is an absolute defense since it s a false statement Does an employer have any liability for providing a former employee with a poor job reference I An employer who gives fair and unbiased reference of a prior employees work performance is presumed to have acted in good faith and is immune from suit Two types of defamation defame someone in writing I II Libel Slander defame someone orally telling someone else f False Imprisonment the unlawful detention of a person against his or her will the plaintiffs personal liberty must not be unreasonably or unlawfully restrained against his or her will and the defendant had to have caused this restraint to be liable 4 g Interference with a Contract cause of action that stabilizes business relationships since a party who wrongfully interferes with an existing contract or future business opportunity may face damages ex temple gets apple computers rather than IBM Elements if it s a tort wrong 1 Enforceable contract 5yr contract 2 Defendants awareness of the contract Hodge knows his 3 contract