Presentation Transcript

1. Torts!

   Chapter 18
2. Neighbor Activity What are rules you follow in society that you follow but are not necessarily law? If you work, how do you behave? Why is this? How do you treat other people? Why is this? How do you treat other students in this class? School? What happens if I punched Griffin in the face? What would you do? What would happen to me? What happens if there is a fight in this school?
3. What is a tort? “A wrong doing” The Actual definition a civil wrong that causes harm or injury to someone, usually ends in a law suit Who is the plaintiff? Defendant?
4. Who should responsible for this harm? Liability! For example…if I were to punch Griffin in the face…he would be responsible. To make up for the wrong doing, you would receive a remedy. What would be an example of a remedy?
5. Liability Legal Responsibility v. Moral Responsibility Settlement: when 2 parties come to an agreement without going to trial Kind of like a civil plea bargain… Most cases settle
6. Partner Activity Page 214 A-G Identify Plaintiff and Defendant Determine if the defendant is liable Should the defendant pay? http://www.youtube.com/watch?v=aoWE5RkglII
7. Different Torts Intentional Negligence Strict Liability Try and come up with a definition with your neighbor and write it down!
8. Intentional Tort/Wrong When a person acts with the intent of injuring a person, his or her property, or both Example Me punching Griffin in the face.
9. Negligence Most common type of tort! The failure to exercise a reasonable amount of care in either doing or not doing something that results in harm or injury to another person Drunk Driving, Malpractice are examples.
10. Strict Liability The legal responsibility for damage or injury even if you are not negligent owners of dangerous animals people who engage in highly dangerous activities Manufacturers and sellers of defective consumer products
11. Who can be sued? Almost anyone can be sued: individuals, groups, businesses, units of gov’t. Plaintiffs vs. defendant (Money) To recover damages from a minor, you have to prove that the child acted unreasonably for a person of that age and experience. Usually the parents get sued for negligence in the case of a minor
12. Immunity Some people are immune from tort suits. Kids cannot sue parents… Federal Tort Claims Act the government can be held liable for negligent acts by its employees Citizens cannot sue for intentional torts, but still can receive compensation
13. President, federal judges, and members of Congress are immune from tort liability for acts carried out within their duties.
14. Class Action A person(s) representing a larger group Erin Brockovich For Example: A company contaminates the drinking water of an entire town, and a group of people from the town sue the company. After the settlement, money will be divided among all the people in the class action
15. In case a suit is brought against you… Liability Insurance pays for injuries to other people, and damage to property. Common in the workplace (doctors). Insurance includes Premium Cost: your payments for the insurance The limit to how much the insurance company will pay Requires the insurance company to provide the person with an attorney to defend them in court
16. Car Insurance NC requires ALL drivers to carry liability insurance to pay for certain losses. Insurance can pay for the cost of repairing your car, medical bills, lost wages, and pain and suffering from an injury. http://www.youtube.com/watch?v=thzUR_mq6OY&feature=relmfu http://www.youtube.com/watch?v=hObgDUfPyqo&feature=relmfu
17. Car Insurance continued… Insurance pays for injuries to other people and property if YOU are responsible. What happens to your insurance when this happens? Insurance policies have 3 limits on how much a person can collect A limit on injuries per person A limit on total injuries to all persons in an accident A limit on property damage per accident
18. Coverage Medical Coverage: pays for your own medical expenses resulting from an accident, and passengers’ medical expenses too Collision Coverage: pays for damage to your own car even if the accident was your fault (pays up to the value of the car) Deductible: the amount you agree to pay toward repairs before the insurance company pays anything. The higher the deductible the less expensive the collision insurance
19. No-Fault Coverage your own insurance company will pay up to a certain amount for injuries you receive in an accident, regardless of who is at fault. Requires you to waive your right to sue the other party to recover any damages
20. Worker’s Compensation Pays employees who are injured on the job, but gives up the right to sue their employer. Perks They do not have to go to court to prove the employer was at fault. Receive a portion of their salary while they are unable to work
21. Stipulations of Worker’s Comp. Cannot collect if you Are intoxicated/do drugs Didn’t follow safety regulations The amount of money rewarded is set by a state schedule based on: Seriousness of the injury Amount of time the worker is expected to be out of work The worker’s average weekly wage
22. Process Worker notifies employer that they were injured on the job. The employer may ask a doctor to verify the injury. A claim in filed. (Paperwork, tests, etc.) The worker will receive a workers compensation payment just like a paycheck until the employee can return to work.