Torts & Product Liability

Tort

A civil wrong where one party’s action or inaction causes a loss to be suffered by another party

Tortfeasor

The individual or entity that commits a tort

Restatement of Torts

The body of state common law that governs most tort law

Intentional Tort

A classification where the tortfeasor willfully intended to cause harm

Negligence (Unintentional Tort)

An accidental action or failure to act that cases injury to another

Strict Liability

A classification where liability is imposed regardless of the tortfeasor’s mindset or intent (e.g., defective products)

Defamation

A false statement concerning a party’s reputation that subjects them to hate, contempt, or ridicule

Libel

Defamation in a written or permanent form (such as email or social media); often results in higher damages

Slander

Defamation that is only verbal or oral

Public Figure Standard ( Malice)

For public figures to win a defamation suit, they must prove the statement was made with malice-meaning actual knowledge of falsity or “reckless disregard for the truth”

Absolute Privilege

A defense to defamation where no further evidence is required; applies to government officials in debates and judicial proceedings

Qualified Privilege

A defense requiring evidence of good faith and absence of malice; applies to the media and employers

Trade Libel

When a competitor makes a false statement that disparages a competing product

Fraudulent Misrepresentation

An intentional misstatement of a material fact used to persuade another party to rely on it, resulting in damages

Negligent Misrepresentation

An unintentional inaccurate statement where the party had a duty to know the truth and neglected it

False Imprisonment

The intentional confinement of another party

Merchant’s Privilege

A business defense for false imprisonment allowing limited detention(approx. 15mins) of suspected shoplifters on the premises without coercion.

Battery

Intentional harmful or offensive bodily contact

Intentional Infliction of Emotional Distress(IIED)

Extreme or outrageous conduct intended to cause mental distress(physical harm not required)

Trespass (Land)

Entering another’s land or causing an object to enter without permission

Trespass (Chattel)

Interfering with another’s use or possession of personal property

Conversion

The civil counterpart to the theft; requires the tortfeasor to reimburse the victim for the full value of the property

Tortious Interference with Contract

When a tortfeasor has knowledge of a contract and actively interferes with it, causing identifiable losses

Tortious Interference with Prospective Advantage

Protection against third-party interference in potential contracts or business relationships

Elements of Negligence

The five requirements: Duty, Breach of Duty, Cause in Fact, Proximate Cause, and Actual Damages

Duty

The legal obligation to act reasonably; there is generally not duty to rescue unless a special relationship exists

Breach of Duty

The failure to exercise reasonable care or meet legal obligations

Cause in Fact(“But For” Test)

The link where, but for the breach of duty, the injured party would not have suffered damages

Proximate (Legal) Cause

A legally recognized and close-in-proximity link between the breach and the damages

Actual Damages

Identifiable physical harm or financial losses suffered by the injured party

Licensee

A social guest on property; the owner must warn of known dangerous conditions

Invitee

A business customer; the owner must warn of the known dangers and inspect the premises for hidden ones

Trespasser(Duty)

No duty to warn or inspect, except if there are regular trespassers or children might be attracted to the property

Comparative Negligence

A defense where the jury divides fault by percentage between the parties

Contributory Negligence

A rare defense that denies a claim if the plaintiff is even 1% at fault

Assumption of the Risk

A defense where the plaintiff knew the risk was inherent and voluntarily participated

Abnormally Dangerous Activities

Activities with high risk(e.g., explosives, wild animals) where liability is imposed even if reasonable care was taken

Section 402A(Strict Product Liability)

Imposes liability on sellers for defective products even if they exercised all possible care and had no direct contract with the consumer

Manufacturing/ Design Defect

When a product is inherently dangerous due to its design or a mistake in the making

Inadequate Warning

A defect where a seller fails to provide sufficient instructions or warnings about potential dangers

Misuse of the Product

A seller’s defense used when the consumer used the product in an unforeseeable or unintended way