Torts A Civil Law

Overview of Criminal and Civil Law

• Crime: A wrong against society; prosecuted and punished by the state.

• Tort: A wrong against an individual; handled through civil lawsuits.

• Differences:

  • Crime: Harm to society as a whole, carries penalties like jail time.

  • Tort: Harm to an individual; results in compensation to the victim, typically monetary.

• Example: Breaking into a house = crime (prosecution by state) and tort (victim may sue).

• Compensation for Torts: Monetary damages or court orders to cease harmful behavior.

Tort Law

• Tort Law Purpose:

  • Governs liability for harm caused by human activities.

  • Addresses who should pay for damages and how much.

  • Establishes standards of reasonable care expected in society.

• Liability: Legal responsibility for harm, distinct from moral responsibility.

• Types of Harm:

  • Physical injuries (medical bills), lost income from work, property damage, emotional suffering.

  • Responsible parties usually bear the costs unless fault lies with the victim.

• Determining Liability:

  • Disability or accidents: identify fault based on actions (negligence, intentional harm).

  • In certain situations, like sports injuries, tort law may provide no remedies due to assumed risk.

Examples of Tort Cases

• Case Descriptions:

  • 1: Child hurt while babysitting due to caregiver distraction.

  • 2: Injured athlete during practice; assessments of liability for injuries.

  • 3: Slip and fall due to inadequate warning signs from property owner.

Resolution of Tort Cases

• Settlement: Most tort cases resolved by negotiated settlements; 90% do not go to trial.

• Court Process: When settlements fail; legal representation necessary. Damage claims can be complex and vary based on contributions to injuries.

Historical Context of Tort Law

• Origin: Rooted in common law; developed over centuries through judicial decisions.

• Remedies in Tort Law:

  • Aim to compensate injuries and establish a balance between societal standards and individual rights.

• Examples of Strict Liability:

  • Cases with proven harm regardless of fault (e.g., dangerous animal ownership, defective products).

Types of Torts

• Categories:

  • Intentional Wrongs: Causing harm with intent (e.g., assault).

  • Negligence: Failure to provide reasonable care, leading to unintentional harm.

  • Strict Liability: Responsibility for harm regardless of fault.

Filing a Tort Case

• Process: Individuals may initiate a civil action for damages, distinct from criminal cases.

• Legal Representation: Important for navigating the complexities of tort law.

Who Can Be Sued in Tort Cases

• Defendant Types:

  • Individuals, companies, government entities, etc.

• Suing Minors: Typically, their guardians are targeted for liability.

Class Actions in Tort Cases

• Definition: When multiple injuries arise from a single act, plaintiffs may file collectively.

• Common Scenarios: Related to product liability or environmental hazards.

Insurance and Tort Law

• Role of Liability Insurance: Critical for covering damages; protects both parties in a tort.

• Contingency Fees: Attorneys may negotiate fees based on case outcomes.

Workers' Compensation

• System: Not needing to prove employer fault; coverage for workplace injuries with limited recovery.

• Impact: Changes in law affecting employee rights and employer liabilities.

Mrs. Garrett died of lung cancer at the age of 42. Her family brings a civil suit against ABC Tobacco Company, the manufacturer of the cigarettes she had smoked daily for the previous 20 years. Her doctors say that cigarette smoking was the major factor in her death. 

Arguments for the Garrett Family's Case Against ABC Tobacco Company:
1. **Causation**: Establish a direct connection between Mrs. Garrett's lung cancer and her use of ABC Tobacco Company products, emphasizing that smoking was the major contributing factor to her illness as confirmed by her doctors.
2. **Negligence**: Argue that ABC Tobacco Company engaged in negligent practices by marketing and selling cigarettes, failing to adequately warn consumers about the risks associated with smoking.
3. **Intentional Harm**: Highlight any unethical marketing practices aimed at vulnerable populations, suggesting that the company knowingly contributed to the harm caused by its products.
4. **Public Health Impact**: Emphasize the broader public health implications of tobacco use and the role of companies like ABC Tobacco in perpetuating health crises.

Evidence to Introduce at Trial:
1. **Medical Records**: Present testimonies and documents from medical professionals indicating that Mrs. Garrett's cancer diagnosis was directly linked to her smoking habit.
2. **Expert Testimony**: Engage public health experts to discuss the risks of smoking, the effects of tobacco, and the responsibility of manufacturers in providing safe products.
3. **Marketing Materials**: Provide historical advertisements and marketing campaigns from ABC Tobacco Company that minimized the risks of smoking or targeted specific demographics.
4. **Studies/Webinars**: Reference studies on the link between cigarette smoking and lung cancer and any regulations or guidelines that ABC Tobacco failed to comply with.
5. **Witness Testimonies**: Present testimonies from family members or friends who can speak to Mrs. Garrett’s health and lifestyle choices before her illness, reinforcing her reliance on the company’s products as safe or acceptable.