Torts

A.K.A. civil law

What’s a Tort?

• Torts more or less means “wrongs”• Refers to civil laws• Based on both common law (decisions

made by judges) and by statutes• Plaintiff – harmed individual• Defendant – accused of doing harm to the

plaintiff• Damages – compensation (usually money)

that the defendant must give to the plaintiff

What’s the Difference between a Tort and a Crime?

• A crime is considered a wrong committed against society in general, even if there is a specific victim

• A tort is a wrong between two individuals

• In certain situations, an act can be a tort and a crime

Liability

• 2 main questions in torts

– Who is liable (responsible) for the harm caused?

– How much should the liable party have to pay?

– The damages paid by someone found liable are supposed to provide the injured party with something to make up for the harm done to them

What’s an Intentional Tort?

• actions taken to deliberately harm a person or his property

• In tort law, the desire to do harm is not the focus of the law, but rather the intent to commit the act that causes harm

• People found liable usually must pay damages to the plaintiff– Compensatory damages: compensates for harm done

by defendant (hospital bills, lost wages, pain & suffering)

– Nominal damages: symbolic amount of money to show that the plaintiff’s claim was justified

Other Types of Torts

• Negligence – harm is done when a person fails to use reasonable care– A city worker forgets to

replace a manhole cover, a pedestrian falls in and is injured

• Strict liability – person or company engages in such a dangerous activity that there is a serious risk of harm even when acting with utmost care– A person develops cancer

after working around a carcinogenic chemical required to perform his job

Settlements

• Occur when both parties meet and decide how to compensate the injured person

• 90% of torts are solved through settlements; they never make it to trial

• Lawyers will almost always try to settle before going to trial

Torts and the Courts

• Standard of proof – amount of evidence a plaintiff or prosecutor must present to win a case

• Preponderance of evidence – more than 50% of the evidence must fall in the plaintiff’s favor

• This is the civil law standard, it’s easier to meet than the criminal law standard

Who can be sued?

• Just about anyone- plaintiffs can also sue multiple defendants at once

• Multiple plaintiffs can sue a defendant together – this is called a class action

• People usually sue a person who they feel can pay for damages

• Children can be sued, but someone must prove that the child acted unreasonably for a person of that age and experience

Immunity

• Some people are immune, or protected, from certain types of torts

• Usually children can’t sue their parents and parents can’t sue their kids

• Certain government agencies and officials cannot be sued, either

• Some governments have waived, or given up, this immunity