Torts and Product Liability

Flashcards covering key concepts in Torts and Product Liability laws.

Tort Law

Civil law that protects physical safety, property, and intangible interests like dignity or privacy. purpose of Tort law is to put the harmed individual in an equivalent position to where they were before not to leave them any better

example of tort law. who is the plaintiff and who is the defendant?

ex. Person A has harmed Person B and Person B sues for compensation. the person who was harmed is the plaintiff. the person who allegedly committed the harm is the defendant

how are tort laws categorized?

based on intent

Assault

An intentional non-consensual act that raises reasonable apprehension of imminent battery.

Battery

Intentional contact with another person without permission that is harmful or offensive.

False Imprisonment

Intentional detention or confinement without justification for more than a reasonable time.

Invasion of Privacy

Intrusion upon a plaintiff’s private affairs or seclusion.

Defamation

Untrue statements of fact that injure a person's reputation.

Fraud

The intentional misrepresentation of a material fact that induces justifiable reliance and causes injury.

Negligence

Failure to exercise reasonable care resulting in injury to another.

Strict Liability

Liability without fault, often seen in defective product cases.

Eggshell Plaintiff

A legal principle where the defendant is liable even for injuries to a plaintiff who is unusually vulnerable.

Compensatory Damages

Damages awarded to compensate for actual losses or expenses.

Punitive Damages

Damages intended to punish wrongdoing.

Equitable Relief

A legal remedy that may include injunctions; typically rare.

Stand Your Ground Law

Allows individuals to use force in self-defense without a duty to retreat.

Shopkeeper’s Privilege

Protects merchants from false imprisonment lawsuits when they detain a suspected shoplifter.

Negligence Per Se

A legal doctrine where the violation of a statute proves negligence.

Res Ipsa Loquitur

A doctrine that infers negligence from the very nature of an accident or injury.

Comparative Negligence

A rule that reduces the amount of damages a plaintiff can recover based on their percentage of fault.

Defective Manufacturing

A product that is flawed due to errors in the construction or production process.

Defective Design

A product that is inherently dangerous or useless due to its design.

Foreseeable Misuse

A principle where a manufacturer can still be liable for product misuse that was predictable.

Supervening Event

An unexpected event that alters a product and breaks the causal chain.