Torts: A Civil WrongMr. Garfinkel 2/25/14

What do you think about lawsuits in America?

• Too many?

• Too few?

• Is it too easy to sue?

• Is it too hard to sue?

What is a tort?I’m not talking about a torte which is this:

What is a tort?• A tort is a civil wrong, the equivalent of a

crime in criminal lawo To review, civil law deals with wrongs against

individuals

Parties• Plaintiff: the person who believes they were

wronged

• Defendant: the party who allegedly committed some sort of civil wrong

Let’s take a look at 17.1 (p. 197)What do you think on each of these?

Other key vocabulary• Damages: Money that is paid to the plaintiff to compensate them

for any harm caused by the defendant (no jail time from a civil case)

• Liable: Responsible for a legal harm

• Remedy: Something to make up for what was lost, usually takes the form of monetary damages. Could also be an injunction- the court forcing someone to do something or stop doing something.

• Settlement: An agreement between the parties outside of court

Are there too many frivolous lawsuits?Read the article from ABC news

Let’s look at Hot Coffee0:00- 25:14

Types of Torts:• Intentional: The offender acted with the intent of

harming another in some way, could also be a crime.

• Negligence: The offender has failed to use reasonable care and has caused harm.

• Strict liability: The offender has engaged in an activity so dangerous that there is a risk of harm to another. i.e. running a construction site

Let’s take a look at 17.3 (p. 203)

What do you think on each of these?

Who can be sued?• Short answer: virtually anyone!

o Could be an individual, group of individuals, a business, an organization, even parts of the government. One possible exception: a minor- you have to prove they acted

unreasonable for someone of that age.

• “Deep pockets” defendant: the plaintiff will often look for a defendant with “deep pockets” who will be able to actually pay them.

Who can’t be sued?• The federal and state governments are immune from

tort liability unless they waive this protectiono However, the “Federal Tort Claims Act” has made the federal

government liable for negligent actions by its employees (but not intentional torts)

• The President, federal judges, and members of congress are TOTALLY immune from tort liability for actions carried out as part of their duties.

Insurance and Malpractice• Liability insurance- An agreement in which

the insured person pays a premium to the insurance company and the company promises to pay any damages caused by the individual.

Examples?

Potential issues...Read the OPED supporting caps on damages.es

Let’s take a look at what Hot Coffee says...

25:14