Tort Law

Summary

Tort Law

Entitles you to sue for damages in a civil court of law

It is a “wrong” which can be either Intentional or Unintentional.

Intentional Tort

When a person deliberately causes harm or loss to another person.

Examples: Battery; Trespassing; Damaging a person’s reputation; false imprisonment.

Intent

Intent is the most important element of Intentional Tort.

Intent is the true purpose of an act and the person’s hope and desire for a result of an act.

Example: Jim punches Don in the nose; harm is clearly intended.

Unintentional Tort

Anyone who carelessly injures a person, or a person’s property, should compensate the victim for that injury.

Someone must actually be injured by the careless conduct.

Negligence

Negligence is an important area of Tort Law and has three characteristics:

1. Action is unintentional

2. Action is unplanned

3. Injury occurs as a result of the action

The Elements of Negligence

Duty of Care

In a Negligence suit, the plaintiff must show that the defendant owed the plaintiff a duty of care.

When legal duty has been placed upon you, you have a duty of care.

Your actions must not cause harm to people or their property.

Examples of …

Elements

A Car A Store

A Hospital

A Law Office

Plaintiff is owed a Duty of Care

Duty to avoid accidents

Duty to ensure store is safe

Duty to provide competent treatment

Duty to provide competent legal service

Breach of Duty of Care

Defendant fails to meet the expected standard of care of a “reasonable person.”

Reasonable Person – an image of a person who has neither physical, nor developmental, disabilities and who people agree is careful, thoughtful, and considerate of other people in all dealings. NEVER EXPECTED TO BE PERFECT!

Breach of Duty of Care cont’d …

A person, or company, whose conduct falls below the expected standard of care is liable for the results of the negligence.

Minors and Duty of Care Child cannot be judged by the standards of an

adult “reasonable person.”

No legislation that clearly outlines the tort liability of minors

Children under 7yrs. seldom held liable for negligence

Duty of Care expected from reasonable children of a similar age.

Minors involved in adult activities are expected to meet the adult standards of care. E.g.: driving a car.

Foreseeability

“Would a reasonable person in similar circumstances have foreseen the injury to the victim as a result of his/her actions?”

If yes, fault and liability exists; if no, no liability.

Foreseeability examples:

Element A Car A Store A Hospital

A Law Office

Defendant breached duty of care

Drove unsafely: went through a red light

Failed to clean up jam spilled on the floor.

Amputated the wrong limb

Gave faulty legal advice: client lost right to sue

Causation

Once established that the defendant breached the required standard of care, the plaintiff must prove that the defendant’s negligent conduct caused the plaintiff’s harm.

Example: Ben failed to shovel the snow from his sidewalk and Jennifer fell and broke her ankle – this is called causation, without it liability for negligence does not exist.

The court must then decide how direct the connection was between the action and injury.

Actual Harm or Loss

The plaintiff must prove that real harm occurred because of the defendant’s negligence.

Actual Harm or Loss examples:

Element

A Car A Store A Hospital A Law Office

Plaintiff suffered, resulting in harm or loss.

Plaintiff and/or plaintiff’s car, suffered damage

Plaintiff slipped on mess and broke hip

Plaintiff endured unnecessary pain and suffering

Plaintiff lost money arising from potentially successful lawsuit