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Chapter 18 Torts: A Civil Wrong
Introduction -In criminal law, when someone commits wrongàcrime -Wrongs against all of society -Punished by the state -Civil lawàtort -Wrongs against an individual -Harmed (Plaintiff) seeks a judgment (payment) against the defendant -Punishment = compensation (money) -One who commits crime can also commit a tort -Breaking and entering (crime)àdamage to house (tort)
The Idea of Liability -Tort lawàrules that govern civil wrongs -Who is responsible (liable)? -How much should s/he pay? -Tort occurs when one causes injury to another person or property or reputation -Purpose of tort law: provide a remedy to injured -Establishes standards of care -Law requires us to act w/reasonable care -Lack of “reasonable care”àpossible tort -When one is injured, someone will bear the cost -Tort law: Who will pay? -Sometimes injury is an accident (injured must pay) -Liability -Legal responsibility for harm -NOT moral responsibility -Tort law provides legal process for injured to recovery costs -Can reach agreementàsettlement (90%) -Civil trial
Beginning and Future of Torts -Torts are nothing new -Based on common law -Also based on statutes -Tort law balances usefulness and harm -New drugs -Tort law preserves individual choice -Cigarettes
Types of Torts -There are 3 major categories of conduct: -Intentional wrong -Person acts w/intent of injuring a person -Can also be crime -Negligence -Person’s failure to use reasonable care causes harm -Strict liability -Defendant is engaged in an activity so serious there is major risk of harm -Demolishing buildingàhit by brick -Owners of dangerous animals -Manufacturers/sellers of defective products
Taking Your Case to Court -Tort law = civil law -If wrong action is both crime and tortàtried separately -Need “preponderance of the evidence” -50%+ of weight of evidence
Who can be Sued? -Pretty much anyone -Some people are immune -Most governments are immune unless they waive right -Parents / children immune from each other (usually) -President, federal judges, Congress immune in carrying out their duties -Sometimes more than 1 person is injured -Class action lawsuit -Lawyers -Sometimes lawyers work on contingency fee
Insurance -Liability insurance -Insured person makes payments (premium) -Insurance company agrees to pay for damages -Do set limits -Doctors, lawyers -Protection against malpractice suits -Person provided negligent services -Homeowners, renters -Insuring a car -$230,000,000,000 in losses in 2001 -Protects you by covering damages to car/property -Different types -LiabilityàPays for injuries to other people/property if you are responsible for the accident -Limits on how much is paid -Medicalàpays for your own medical bills resulting from car accident -Collisionàpays for damage to your car even if accident was your fault -Pay “deductible” -Your share of costs -ComprehensiveàProtects you from damage/loss to your car from other causes -Vandalism, fire, theft -UninsuredàPays for damages when uninsured driver causes injury/damage -Underinsured -Workers’ Compensation -Every state has system -Pays employees who are injured on the job -Employers make contributions to fund -Fund pays injured workers -Workers receive portion of salary when injured and unable to work -Approximately 2/3 of salary -Most injuries are covered -Injury while intoxicated not covered -Some states prohibit payment when worker was negligent -Refusing to wear goggles when welding -In Missouri: -First 3 days of missed workàcovered by employer -After 3 days, money comes from fund
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