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Understanding Torts: The Landscape of Civil Wrong in America

Explore the complexities of tort law in America, discussing the frequency and ease of lawsuits. A tort, the civil equivalent of a crime, involves a wrong against an individual, where the plaintiff seeks remedy for harm caused by the defendant. We examine key concepts like damages, liability, and settlement, alongside the classifications of torts: intentional, negligence, and strict liability. Delve into who can be sued and the implications of liability insurance. Should we question the legitimacy of frivolous lawsuits?

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Understanding Torts: The Landscape of Civil Wrong in America

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  1. Torts: A Civil Wrong Mr. Garfinkel 2/25/14

  2. What do you think about lawsuits in America? • Too many? • Too few? • Is it too easy to sue? • Is it too hard to sue?

  3. What is a tort? I’m not talking about a torte which is this:

  4. What is a tort? • A tort is a civil wrong, the equivalent of a crime in criminal law • To review, civil law deals with wrongs against individuals

  5. Parties • Plaintiff: the person who believes they were wronged • Defendant: the party who allegedly committed some sort of civil wrong

  6. Let’s take a look at 17.1 (p. 197) What do you think on each of these?

  7. Other key vocabulary • Damages: Money that is paid to the plaintiff to compensate them for any harm caused by the defendant (no jail time from a civil case) • Liable: Responsible for a legal harm • Remedy: Something to make up for what was lost, usually takes the form of monetary damages. Could also be an injunction- the court forcing someone to do something or stop doing something. • Settlement: An agreement between the parties outside of court

  8. Are there too many frivolous lawsuits? Read the article from ABC news

  9. Let’s look at Hot Coffee 0:00- 25:14

  10. Types of Torts: • Intentional: The offender acted with the intent of harming another in some way, could also be a crime. • Negligence: The offender has failed to use reasonable care and has caused harm. • Strict liability: The offender has engaged in an activity so dangerous that there is a risk of harm to another. i.e. running a construction site

  11. Let’s take a look at 17.3(p. 203) What do you think on each of these?

  12. Who can be sued? • Short answer: virtually anyone! • Could be an individual, group of individuals, a business, an organization, even parts of the government. • One possible exception: a minor- you have to prove they acted unreasonable for someone of that age. • “Deep pockets” defendant: the plaintiff will often look for a defendant with “deep pockets” who will be able to actually pay them.

  13. Who can’t be sued? • The federal and state governments are immune from tort liability unless they waive this protection • However, the “Federal Tort Claims Act” has made the federal government liable for negligent actions by its employees (but not intentional torts) • The President, federal judges, and members of congress are TOTALLY immune from tort liability for actions carried out as part of their duties.

  14. Insurance and Malpractice • Liability insurance- An agreement in which the insured person pays a premium to the insurance company and the company promises to pay any damages caused by the individual. Examples?

  15. Potential issues... Read the OPED supporting caps on damages.es

  16. Let’s take a look at what Hot Coffee says... 25:14

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