Torts!

Torts!Chapter 18Criminal Law v. TortsCriminal Law: crime against the state

Civil Law: person commits a wrong, not always a violation of law

Plaintiff-the harmed individual, seeks a judgment against the defendant, the accused wrong doer.When can an action be a crime and a tort?Burden of ProofCriminal: beyond a reasonable doubt

Civil: preponderance of the evidence; more than 50% of the weight of the evidence must be in the plaintiffs favor.Who should responsible or liable for this harm?

To make up for the wrong doing, you would receive a remedy.What would be an example of a remedy?LiabilityLegal Responsibility v. Moral Responsibility

Settlement: when 2 parties come to an agreement without going to trialKind of like a civil plea bargainMost cases settle

History of TortsMiddle Ages: judges weighing usefulness of an act against the harm caused to another.

Today: If the usefulness of a new drug saves the lives of many cancer patients but causes the deaths of a few, should pharmaceutical companies be liable for the deaths.What about cigarettes?Balance individual choice v. community goodDifferent TortsIntentional NegligenceStrict Liability

Intentional Tort/WrongWhen a person acts with the intent of injuring a person, his or her property, or both

NegligenceMost common type of tort!The failure to exercise a reasonable amount of care in either doing or not doing something that results in harm or injury to another person

Drunk Driving, Malpractice are examples.Strict LiabilityThe legal responsibility for damage or injury even if you are not negligentowners of dangerous animals people who engage in highly dangerous activities Manufacturers and sellers of defective consumer products

Who can be sued?Almost anyone can be sued: individuals, groups, businesses, units of govt.Plaintiff vs. defendant (Money)To recover damages from a minor, you have to prove that the child acted unreasonably for a person of that age and experience. Usually the parents get sued for negligence in the case of a minor

ImmunitySome people are immune from tort suits.Kids cannot sue parents

Federal Tort Claims Actthe government can be held liable for negligent acts by its employees Citizens cannot sue for intentional torts, but still can receive compensation

President, federal judges, and members of Congress are immune from tort liability for acts carried out within their duties.

Class ActionA person(s) representing a larger groupErin Brockovich For Example: A company contaminates the drinking water of an entire town, and a group of people from the town sue the company. After the settlement, money will be divided among all the people in the class action

In case a suit is brought against youLiability Insurance pays for injuries to other people, and damage to property.Common in the workplace (doctors).Insurance includesPremium Cost: your payments for the insuranceThe limit to how much the insurance company will pay

Requires the insurance company to provide the person with an attorney to defend them in court

Car InsuranceOH requires ALL drivers to carry liability insurance to pay for certain losses. Insurance can pay for the cost of repairing your car, medical bills, lost wages, and pain and suffering from an injury.http://www.youtube.com/watch?v=thzUR_mq6OY&feature=relmfu

http://www.youtube.com/watch?v=hObgDUfPyqo&feature=relmfu

Car Insurance continuedInsurance pays for injuries to other people and property if YOU are responsible. What happens to your insurance when this happens?Insurance policies have 3 limits on how much a person can collectA limit on injuries per personA limit on total injuries to all persons in an accidentA limit on property damage per accident

CoverageMedical Coverage: pays for your own medical expenses resulting from an accident, and passengers medical expenses tooCollision Coverage: pays for damage to your own car even if the accident was your fault (pays up to the value of the car)Deductible: the amount you agree to pay toward repairs before the insurance company pays anything. The higher the deductible the less expensive the collision insurance

No-Fault Coverageyour own insurance company will pay up to a certain amount for injuries you receive in an accident, regardless of who is at fault.Requires you to waive your right to sue the other party to recover any damagesWorkers CompensationPays employees who are injured on the job, but gives up the right to sue their employer.PerksThey do not have to go to court to prove the employer was at fault.Receive a portion of their salary while they are unable to work

Stipulations of Workers Comp.Cannot collect if youAre intoxicated/do drugsDidnt follow safety regulationsThe amount of money rewarded is set by a state schedule based on:Seriousness of the injuryAmount of time the worker is expected to be out of workThe workers average weekly wage

ProcessWorker notifies employer that they were injured on the job.The employer may ask a doctor to verify the injury.A claim in filed. (Paperwork, tests, etc.)The worker will receive a workers compensation payment just like a paycheck until the employee can return to work.