Chapter 19

Basis of Legal Liability

• Legal Wrong: A violation of a person’s legal rights or failure to perform a duty owed.
  • Types of legal wrongs:
  • Crime
  • Breach of Contract
  • Tort

Understanding Tort

• Tort: A legal wrong for which monetary damages are allowed as a remedy.
  • Plaintiff: The injured party.
  • Tortfeasor: The alleged wrongdoer.
  • Three Categories:
  • Intentional
  • Strict liability
  • Negligence

Intentional Tort

• Definition: An intentional act or omission resulting in harm or injury.
• Examples:
  • Libel
  • Slander
  • Invasion of privacy
  • Assault
  • Battery

Strict Liability

• Definition: Liability imposed regardless of negligence or fault.
• Examples:
  • Defective products
  • Damages caused by animals
  • Hazardous activities
  • Workers' compensation

Negligence

• Definition: Failure to exercise the standard of care required by law to protect others from an unreasonable risk of harm.
  • Standard of Care: Based on what a reasonably prudent person would do; varies by wrongful act.

Elements of Negligence

1. Legal Duty Owed
2. Breach of Legal Duty
3. Damage or Injury
4. Proximate Cause

Types of Damages

• Compensatory Damages: Compensate for losses incurred.
  • Special Damages: Measurable losses like medical expenses and lost earnings.
  • General Damages: Non-measurable losses like pain and suffering.
• Punitive Damages: Intended to punish and deter wrongful acts.

Legal Defenses for Negligence

• Key Factors: The ability to collect damages is influenced by state law.
• Types of Defenses:
  • Contributory Negligence: If the injured party’s own negligence contributed to the injury, they cannot collect damages.
  • Comparative Negligence: Burden is shared based on fault; includes:
  • Pure Rule: Can collect damages but is reduced based on fault.
  • 50% Rule: No recovery if 50% or more at fault.
  • 51% Rule: No recovery if 51% or more at fault.
  • Last Clear Chance Rule: Injured party can recover damages if the defendant had a last opportunity to avoid the accident but failed to do so.
  • Assumption of Risk: A person recognizing inherent dangers can't recover damages.

Imputed Negligence

• Under certain conditions, one person's negligence can be attributed to another:
  • Vicarious liability law
  • Family purpose doctrine
  • Joint business venture
  • Dram shop law

Res Ipsa Loquitur

• Translation: "The thing speaks for itself."
• Definition: Injury occurrence can imply negligence if:
  • The event normally does not happen without negligence.
  • The defendant had exclusive control of the cause.
  • The injured party did not contribute to the accident.

Standard of Care Owed by Property Owners

• Trespasser: No obligation to protect, but cannot intentionally injure.
• Licensee: Must warn of unsafe conditions.
• Invitee: Must inspect and eliminate dangerous conditions.

Attractive Nuisance

• Definition: A condition that attracts or injures children.
• Liability: Occupants can be liable for injuries to children attracted by dangerous conditions.

Other Applications of Negligence Law

• Respondeat Superior: Employers may be liable for the negligent acts of employees acting on behalf of the employer.
• Parental Liability: Parents may be liable for a child’s actions if:
  • The child uses a dangerous weapon.
  • The child acts as an agent for the parents.
  • A minor operates a family vehicle.