2 4 15 Chapter 6 General laws of Torts Tort Law statutory law Tort breach a duty of to someone else Like criminal law what s acceptable in society and what isn t and potential consequences 4 types of courts o Negligence not following reasonable standard of care DUIs o Intentional took an action knowing someone else would get hurt likely to cause harm o Strict Liability product injures someone o Property real or personal Private law intended to put someone back economically to where if tort hadn t been committed against him or her Civil law not criminal law because you can bring it against someone Businesses can be guilty of committing a tort o If business harms business or employees o If person is harmed by a business product o Business being harmed by another business or its employees Negligence based tort o 4 elements Wrong doer owed a duty of care to someone Person breached that duty of care hit you Causal connection between the wrong doers negligible conduct and Person who suffered the injury there s a remedy in the law for that in your injury the statute o Court recognizes 2 types of cause Cause in fact of injury clear no question walk up and hit someone Proximate cause chain of events leading to injury has to be foreseeable for my negligence ex not lighting an open trench on a site and someone falls in o Latin term in textbook on its face very strong case the thing speaks for themselves Not argue about the fact move on to damages ex someone leaves o Intervening conduct or superseding cause If there is a negligent act or there is some and injury to someone person who was initially negligent not liable ex leave open unmarked trench person pushes someone else into the trench since someone else caused it the construction company isn t liable the person who pushed is o Danger invites rescue if I m negligent and create a dangerous situation liable for rescuers injuries as well light a house on fire anyone inside can sue me because I caused it if someone runs in to rescue them you re liable for them too 2 4 15 o Defenses to negligent based torts Assumption of risk Comparative negligence plaintiff was somewhat negligent reduce the damages they can get Some states If plaintiff is more than 50 negligent they get 0 Effective liability waiver liability waiver that s typically in writing and you sign it Liability waivers only works for negligent based torts not intentional and not gross negligence Not effective when not clear that you knew about it not signed off on To be effective must be clearly stated and typically in bold print o Intentional torts Law imposes greater degree of liability on someone higher penalties Intent have to show that the person knew or should ve known the consequences of their act and knew that someone was likely to get injured doesn t matter who doesn t matter motive actions and facts surrounding their actions Harder to prove but more sever sanctions o Types of Torts Assault someone puts you in reasonable fear of immediate bodily harm reasonably likely that they can carry out their threat Battery unauthorized bodily contact carries out their threat so usually assault and battery Defenses o Consent Playing a sport you ve agreed to the typical type of contact of the sport o Privilege in emergency situation Walking down street house on fire Break down door and enter Law says you re not liable for those torts Rendering aid in a car accident type situation o Self Defense use reasonable force to defend yourself and your property Some courts if you can safely flee that should be your first reactions and you have that obligation False Imprisonment or False Arrest intentionally holding or detaining someone against his or her will Common in shoplifting cases o Most states laws say you have the right to detain people in a reasonable matter for a reasonable amount of time until police show up 2 4 15 o Most states law say even if you did that unreasonably limited amount of damages you can be found guilty of to protect business and employees jobs False Arrest police official detains someone without reasonable cause or with more than reasonable force Infliction of emotional distress everyone s entitled to his or her peace of mind court says to be guilty of this tort conduct has to be so outrageous that it creates severe mental and emotional distress Ex debt collectors that calls you at all hours shows up to your work embarrasses you etc Invasion of privacy everyone has expectation of privacy Exposes private facts about your life uses your name or picture without your permission hack into your computer and get private information Making public information about your private life Defenses o If you re a Public Figure your right to privacy is greatly reduced Cost that goes with being a public figure o If someone makes public information about you that s already in public information somewhere that isn t private information court records Defamation Intentionally communicating false information to a 3rd party that injures someone s reputation Types o Slander Verbal defamation o Libel Written defamation o Defamation per se Very damaging harmful no dispute about whether it s damaging o Workplace defamation takes place in workplace context Have to make a false statement about another person and the statement must be made to a 3rd party not to that same person that you re talking about o Truth absolute defense If statement is true you re not Defenses guilty o Privilege Absolute Privilege political setting in legislative session they can stand up and say whatever they want and it isn t defamation Conditional Privilege Facts based not liable of defamation if false statement was made in good faith and with proper motives like you didn t mean to defame someone Constitutional Privilege relates to freedom of the press The press can say or print about 2 4 15 anything it wants and it s not guilty of defamation unless they make the statement and they know it s false and they say it with malice o Cyber Law Who s liable for defamation Person who puts it out there is liable for defamation owner host of website isn t liable until they are made aware than it s false then they must make reasonable effort to take it down Q3 Person in hospital had an IV in right arm fine before surgery and was seriously damaged after surgery Which tort would she claim o Re Latin one facts speak for themselves move on and assess damages Person went into casino got in a fight security got in a fight with 1st