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.