torts

torts

 civil wrongs which concern liability. They are not crimes.

intentional torts

are acts that are intended like battery. In this case the physical act has to be intended not the consequences or the harm that results from the act.

unintentional torts

acts that are not intended. The act stems from carelessness

elements of the tort of battery

intentional

harmful or offensive contact

with the body of another person

without consent

resulting in physical injuries

elements of a negligence case

defendant owed the plaintiff a “duty of care”

defendant breached the duty of care owed to the plaintiff—defendant fell short of duty

the breach of the duty of care was direct and forseeeable or the proximate cause of the injury suffered by the plaintiff

the plaintiff suffered injuries

duty of care

the legal obligation imposed upon an individual requiring them to engage in reasonable behavior under those circumstances. the standards differs based on the relationship and who the individuals are.

breach of duty

the failure to meet the objectively reasonable standard of care which are set by industry, field, or practice

proximate cause

the idea there must be a direct and foreseeable connection between the breach and the harm. the harm must be the direct and foreseeable result of the breach. consider superseding and intervening tortdeasors

butfore analysis

the attempt to weakly link the harm to the cause.

injury

the plaintiff must suffer some type of harm that the court deems recoverable for the breach of futy including: physical injury—pain and suffering, past present and future medical expenses, loss of wages, etc.

strict liability

imposed on individuals who own, operate, or control ultra-hazardous instrumentalities for harm caused by the ultra-hazardous instrumentality. There is no need to demonstrate fault or carelessness in use, control, or operation because the defendant may be liable without intending to harm the plaintiff.

prohibited conduct

in a strict liability case, it is what the plaintiff must prove the defendant engaged in, if the defendant’s actions were the cause of the plaintiffs injury

types of personal injury cases that use strict liability

dog bite and wild animals

abnormally dangerous activity

products liability

product liability

when the manufacturer is liable for injuries caused by the product when the product is used in accordance with the manufacturers guidelines. The use must be foreseeable.

scenarios for product liability claim

manufacturing defect

design defect

failure to warn/properly instruct the customer