Tort Law
Jody BlankeProfessor of Computer Information Systems and Law
Torts
Strict Liability Intentional Torts Negligence
Strict Liability
Liability without fault neither intent nor negligence need be
shown
Ultrahazardous activities e.g., dynamite blasting e.g., ownership of wild animals
lions and tigers and bears …
Intentional Torts
Battery Assault False Imprisonment Intentional Infliction of Emotional
Distress
Defamation
Libel and slander Truth is a defense Against media defendants, public
officials and public figures must show “actual malice” e.g., Richard Jewell - Wikipedia, CourtTV
Invasion of Privacy Appropriation of name or
likeness e.g., Michael Jordan Wine
Intrusion upon seclusion e.g., Jackie O, Holiday Inn, Mazzio’s
Pizza, Sean Penn, Bill Gates, Bob Dylan, Katz, Kyllo
False light e.g., Parade Magazine Teenage
Prostitution Publication of private
embarrassing facts e.g., “Joe Hero”
Silvia Leyva at Café Intermezzo
Trespass
Trespass to land Conversion Trespass to personal property
(trespass to chattels)
Interference with Contractual Relations
$10.5B award against Texaco for interfering with Penzoil’s contract to buy Getty (later settled for $3B)
“Ditch the dish”
Negligence
Duty Breach of Duty Causation Injury
Duty of Care
Reasonable person standard Is there a legal duty?
e.g., Lady Di, Seinfeld finale, Good Samaritan laws
Invitees, licensees, trespassers
Breach of Duty
What would the reasonable person do in similar circumstances?
Professional standard – malpractice Negligence per se Res ipsa loquitur
Causation
Actual cause (causation in fact) “but for” analysis
e.g., Rube Goldberg cartoons, Mouse Trap
Causation
Proximate cause (legal cause) foreseeabilty
e.g., Palsgraf v. Long Island Railroad e.g., Crankshaw v. Piedmont Driving Club
Injury
Plaintiff must prove injury Injury need not be personal injury
Defenses to Negligence Assumption of Risk Fellow-Servant Rule Contributory Negligence
e.g., the “rolling stop” Comparative Negligence
pure comparative negligence modified comparative negligence (50%
rule)
Product Liability
Warranty (contract) law Negligence Strict liability
Rationale
Stream of commerce theory manufacturer hopes to profit; must pay
price
Last best chance manufacturer in best position to prevent
injury
Economic theory dangerous products will price themselves
out of market
Lawn Darts
Early Cases
MacPherson v. Buick Motor Co. (1916) eliminated privity of contract
requirement consumer can sue manufacturer
Greenman v. Yuba Power Products (1963) applied strict liability in tort Manufacturer responsible for product it
places in the market
Restatement (Second) of Torts § 402A provides
1. One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such
a product, and (b) it is expected to and does reach the user or
consumer without substantial change in the condition in which it is sold.
2. The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the
preparation and sale of his product, and (b) the user or consumer has not bought the product
from or entered into any contractual relation with the seller.
Restatement (Third) of Torts
Defines “defect” A product is defective when, at the time
of sale or distribution, contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings
Manufacturing Defect
Failure to meet design specifications e.g., Inspected by 17
Design Defect
Faulty design e.g., Ford Pinto
Inadequate Warning
Failure to warn e.g., guns and peanut butter
Defenses
Assumption of Risk Comparative Fault Misuse