Chapter 18: Torts. A civil wrong. Comparisons. Criminal Law. Civil Law. Wrongs are called Torts Plaintiffs and Defendants Plaintiffs seek a judgment Penalties can be Damages. Wrongs are called Crimes Plaintiffs and Defendants Plaintiffs seek punishment
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A civil wrong
Wrongs are called Torts
Plaintiffs and Defendants
Plaintiffs seek a judgment
Penalties can be Damages
1- Compensate victims
2- Promote responsible behavior
Tort law can be created through two ways
Tort law attempts to find a balance b/t preserving individual choice, determining the usefulness of a product, and protecting ppl from harm.
EX Drugs and Side Effects, Tobacco
There are three types of Torts
3. Strict Liability - It applies when the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with utmost care.
Determine whether a tort has been committed in each situation below. If there is a tort, is it an intentional wrong, an act of negligence, or an activity for which strict liability should be imposed? Explain.
Who can be sued – Individuals, businesses, organizations, groups and some gov’t agencies
Who should you sue – The person with the Deep Pockets, ie the person who can pay
Who can’t be sued (have immunity) – Government and gov’t officials, Spouses, siblings
Sometimes there can be more then one plaintiff
When this happens, the injured parties may form a “class” and bring their lawsuit together. This is called a class action.
Lawyers are recommended for all civil actions
Attorneys can charge fees or work on contingency
Contingency Fees are a % of the winnings in lieu of fees up front, typically between 40-60% of any settlement or judgment. This is a risk for the attorney since if they don’t win, they don’t get paid.
Liability insurance is a contract, or agreement. The insured person agrees to make payments—known as premiums—to the insurance company, and the company agrees to pay for damages caused by the insured persons for the length of the contract.
Malpractice Insurance – Bought by doctors
Workers Compensation – Bought by employers
Others types of insurance that carry Liability coverage