Health Law Exam 2

Provide the definition of tort as discussed in the lecture

A civil wrong which the law provides a remedy

Assault is defined as:

A deliberate threat coupled with the apparent present ability to do physical harm to another

A duty to care, relative to the law of negligence, may arise from or be created by:

A statute

False imprisonment is the unlawful restraint of an individual's personal liberty or the unlawful confinement of an individual.

Any intentional infringement on this right may constitute false imprisonment. Actual physical force or touching is not necessary. Both intimidation and forced detainment may be implied by words, threats or gestures. Must also have no reasonable means of escape and must be aware of one's own false imprisonment.

The four elements of negligence must ALL be proven in order for a plaintiff to recover damages for negligence

Any unproven element of negligence will defeat a lawsuit based on negligence

If a person is restrained and physically bound to his bed, while he is unconscious, but the restraints are removed before the patient is conscious, the person who applied the restraint may be liable for which of the following torts.

Battery

A "duty to care", relative to a claim of negligence, can never be established or imposed on a person based solely on the relationship of the parties.

False

A "statute of limitations" refers to a statute that limits the time in which a defendant must answer a complaint.

False

A lawsuit which alleges fraud by the defendant may be successful if the plaintiff provides evidence that the defendant made a false statement, known by the defendant to be false at the time it was made, and it was made for the purpose of inducing the plaintiff to act in reliance theron, then the plaintiff acted in reliance on the correctness of the statement, but there is no damage to the plaintiff caused by the plaintiff's acting in the reliance upon the defendant's statement.

False

A man may be liable for fraud if he makes an untrue statement, but he did not know the statement was untrue when he made it, then someone acted in reliance on his statement and was damaged by their reliance on that statement.

False

A woman may be liable for the tort of assault if she swings a sword which passes inches from a sleeping man's face, then runs from the room.

False

Do you have the legal duty to assist a stranger who falls in front of you on the sidewalk and injures themselves? Answer true if yes and Answer false if no.

False

In order to prove the tort of assault there must be evidence of bruising, red marks or other indications of physical contact on the victim/plaintiff.

False

Mr. Smith walks into an emergency room at a county hospital because his right arm is broken with the bone protruding through the skin... Mr. Smith has a cause of action against the LPN for false imprisonment: true or false?

False

Mr. Smith walks into an emergency room at a county hospital because his right arm is broken with the bone protruding through the skin... Mr. Smith has a cause of action against the physician for slander: true or false?

False

The tort of false imprisonment must include evidence of actual touching of the plaintiff by the defendant, such as but not limited to restraining the plaintiff with handcuffs or rope, etc.

False

Would a physician be liable for negligence if he fails to provide medical assistance to a stranger who falls and injures himself on the sidewalk in front of the physician? Answer true if yes and answer false if no.

False

Torts are divided by two categories...

Negligence & Intentional torts.

The term used to define the spoken form of defamation is:

Slander

The manufacturers of an anesthesia machine designed and intended the machine to be used to assist in the administration of anesthesia gas during surgery.... the manufacturer of the anesthesia machine could be liable for the injuries under which of the following theories or claims?

Strict liability

Which of the following is NOT an element of intentional infliction of emotional distress?

The emotional distress caused physical injury to the plaintiff

Res Ispa Loquitur means:

The thing speaks for itself

The best experts on testifying on a breach of duty are those experts within that field of knowledge.

This type of testimony is called, expert testimony.

A person may be liable for false imprisonment if he/she attempts to prevent another person from leaving a room by standing outside the open door with a sword in hand, pointing the sword at the opening of the door and telling the person in the room that they cannot leave the room.

True

A surgeon may preform a surgery in a completely new, novel and untested manner, thus, deviating from the standard of care and still not be liable for negligence if the patient does not suffer injury from the surgery.

True

As part of what a plaintiff must prove to recover for damages for false imprisonment, he must be aware of the confinement and have no reasonable means of escape.

True

Assumption of the risk is knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur.

True

Contributory negligence occurs when a person does not exercise reasonable care for his or her own safety, thus contributing to his or her own injury.

True

Deviation from the "standard to care" is considered a breach of duty, relative to the tort of negligence.

True

Mr. Smith walks into an emergency room at a county hospital because his right arm is broken with the bone protruding through the skin... there is a clear case of battery against the LPN: true or false?

True

No evidence of an intent to cause harm is necessary to prove tort of battery.

True

Regarding legal negligence, foreseeability is used to analyze the existence of the elements of causation, as well as duty.

True

The theory of Res Ispa Loquitur could be invoked during a trial based on evidence that a man was admitted to a hospital with no burns on his buttocks and 22 hours later, after having been in no other place and under the direct care of the hospital, has burns on his buttocks where a heating pad had been placed.

True

To prove a claim for battery the plaintiff must produce evidence of harmful or offensive touching of the plaintiff's body.

True

Truth is a defense to claim of defamation.

True

A deviation of standard to care is known as...

a breach of duty as well as a failure to adhere to an obligation.

Assault is defined as...

a deliberate threat coupled with the apparent present ability to do physical harm to another.

The reasonably prudent person doctrine describes...

a hypothetical person who is put forward as the community ideal of what would be considered reasonable behavior. One's age, sex, physical condition, education, training, profession, knowledge, mental capacity and requirements imposed by law determine the reasonableness of conduct.

Foreseeability is...

a sub-unit of causation and is the reasonable anticipation that harm, or injury, is likely to result from a commission or omission of an act.

Torts are defined as a...

civil wrong which the law provides a remedy.

Truth of a statement is a...

complete defense

Proximate cause is a term that...

refers to the relationship between breach of duty and the resulting injury (IN SHORT: The breach of duty must be the proximate direct cause of the resulting injury). - An example could be the mere departure from a proper & recognized procedure is not sufficient to enable a patient to recover damages unless the plaintiff can show the departure was unreasonable and the proximate cause of the patients injuries.

Defamation of character is defined as...

the communication to someone about another person that tends to hold that person's reputation up to scorn and ridicule. It involves a one or both versions of publication.

Once a duty to care has been established, the plaintiff must demonstrate that...

the defendant breached that duty by failing to comply with the accepted standard of care

Breach of duty is...

the failure to conform to, or the departure from, a required duty of care owed to a person. The obligation to preform according to a standard of care can encompass either preforming or failing to preform a particular act.

You MAY NOT be charged with battery if...

the person DID NOT give a verbal or physical confirmation of consent. Therefore, if you do not want somebody to touch you, verbalize it because otherwise they can argue that you saw it coming and still allowed it to happen therefore silently implying consent.

False imprisonment is defined as...

the unlawful, intentional deprivation of a person's liberty

Slander is a publication of...

verbal defamation

Self Defense is...

when one feels immediate danger from another person whom is attacking or about to attack and is allowed to use reasonable means to overcome the force

Test of foreseeability is...

whether one of ordinary prudence and intelligence should have anticipated the danger to others caused by his or her negligent act.

Fraud is a...

willful and intentional misrepresentation that causes harm or loss to a person or property

Libel is a publication of...

written defamation

Injury is...

not an element of the tort for false imprisonment

Contributory negligence occurs when a person does...

not exercise reasonable care for his or her own safety.

Injury includes...

physical harm, pain, suffering, damage to property and loss of income, net-worth or reputation.

Hospital...

policies and procedures often provide guidelines to standard to care

Four Important Elements Breakdown

(1) Unlawful (2) Intentional (3) Deprivation (4) Person's liberty

Examples of Duty to Care:

(1) A doctor on the job to save their patients life falls under the duty to care (2) A doctor walking on the street stumbles upon an injured person however, they are not under the duty to care (3) A random person walking on the streets stumbles upon an injured person an decides to help them and while doing so they assumed the duty to care.

Six Important Elements Breakdown

(1) Deliberate action [cannot be accidental and must be intentional] (2) Threat (3) Apparent [cannot be hidden; must be seen and known] (4) Present [must be the here and now; no past or future] (5) Ability [must be within reasonable ability based on reality] (6) Physical Harm

Three Important Elements Breakdown

(1) Three people; Speaker, Subject and Spoken to (2) Person's reputation (3) Scorn and ridicule

Justifications from other cases:

- (holding that a respondent's statement to a third party that he "had a gun and was not afraid to use it" did not constitute an incident of violence because there was no "overt act indicating an ability to carry out the threat or justifying a belief that violence was imminent") - (explaining that verbal threats without an overt act creating a well-founded fear that violence was imminent were insufficient to qualify as assault under the statute) - (finding that phone calls did not qualify as acts of violence when the petitioner testified that he was not put in fear by the calls) - (holding that the evidence only supported one instance of violence; subsequent threats which were not taken seriously by petitioner did not amount to violence)

Affirmative Defenses has four categories

- Assumption of Risk - Contributory Negligence - Statute of Limitations - Sovereign Immunity - Self Defense

Gary A. POLIAKOFF, Appellant, v. NATIONAL EMBLEM INSURANCE COMPANY, an Illinois corporation, Appellee.

- Complaint alleging that one defendant was doing business in state as automobile insurance company, that other defendant was agent and employee of such company, that plaintiff made disclosure to defendants of his driving record and his wish to buy "non-cancellable" insurance policy which defendants, knowingly and falsely, represented they would sell him and that plaintiff acted upon such false representation by purchasing policy which was cancelled without stated reason within two months of date of purchase stated cause of action for fraudulent misrepresentation.

A. Shapiro Realty Corp. v. Burgess Bros., Inc.

- Doctrine of res ipsa loquitur never causes shift in burden of proof, but involves question whether evidence, considered in its entirety and in light most favorable to plaintiff, was sufficient to permit jury as trier of facts to infer that some negligent act or omission by defendant caused injuries sustained by plaintiff, and test is not whether evidence was such that it required jury to infer negligence by defendant, but only whether it was sufficient to permit such inference.

List the elements of Negligence as discussed in the lecture

- Duty to care - Breach of duty - Injury - Causation

The four elements of negligence:

- Duty to care - Breach of duty - Injury - Causation

Cheryl M. CAULEY and Cecil Cauley, her husband, Appellants, v. CITY OF JACKSONVILLE, a body politic and corporate, Appellee.

- Federal Torts Claims Act - Governments, States, Counties or other units/sub-units of government have a certain level of sovereign immunity via statutes which allows them to avoid getting sued often

Gema GARCIA, Plaintiff, v. CARNIVAL CORP., Defendant.

- Garcia had a "disagreement" with a bartender in the casino located onboard the Destiny. As a result of this disagreement, Garcia alleges that she was approached by seven of Defendant's crew members. When several of the crew members "grabbed" her, Garcia alleges that she had a panic attack, which made it difficult for her to breath and caused her chest pains. Garcia further alleges that the crew members kicked and punched her, threw her to the ground multiple times, handcuffed her in a "harmful manner," dragged her across the floor while she was handcuffed, and then confined her to her cabin by placing a crew member immediately outside of her cabin door and preventing her from otherwise leaving her cabin until the following day. - Defendant does not deny that Garcia was confined to her room on the night in question, but argues that Garcia fails to allege in her Complaint how the confinement was "unlawful." To supplement its argument, Defendant attaches to its Motion a copy of Defendant's ticket contract with all passengers, which provides in relevant part: Carnival and the Master each reserves the right to refuse passage, disembark or confine to a stateroom any Guest whose physical or mental condition, or behavior would be considered in the sole opinion of the Captain and/or the ship's physician to constitute a risk to the Guest's own well-being or that of any other Guest or crew member.

Causation

- IS NOT THE SAME AS FORESEABILITY - Requires that there be a reasonable, close, and casual connection or relationship between the defendant's negligent conduct and the resulting damages (IN SHORT: you can have duty to care and breach of duty but if the damages aren't a result of that then you have no causation and the case is thrown. Therefore, causation wraps all the pieces together).

Johnnie Wilmer CLARK, Petitioner, v. STATE of Florida, Respondent.

- In a different case: the court specifically noted that [t]he touching or striking in the present case was to the outer body of an automobile which Trooper Thomas was driving, with no direct impact upon or even injury to the trooper. In fact, the evidence shows that the trooper was not even jostled about in the car as a result of the impact. Id. (emphasis added). - In contrast, the evidence in Clark revealed that Lynn was "spun" about when Clark's vehicle impacted his truck. 746 So.2d at 1239. The evidence presented in the present case certainly qualifies as intentionally touching another person for purposes of proving a simple battery under section 784.03(1)(a).

Duty to care is...

- NOT THE SAME AS STANDARD OF CARE. - It is defined as a legal obligation of care, performance, or observance imposed on one to safeguard the rights of others (IN SHORT: obligation to conform to a recognized standard of care for someone's benefit and NOT their detriment) - Duty can be established by statute, or contract between the plaintiff and the defendant

Donesta LAY and Larry Lay, Appellant, v. George KREMER, Jr., Appellee.

- Offensiveness of language is not a bases for assault - Assault is defined as an intentional, unlawful offer of corporal injury to another by force, or force unlawfully directed toward another under such circumstances as to create a fear of imminent peril, coupled with the apparent present ability to effectuate the attempt. - Lay testified that after the shoving incident Kremer continued to harangue her in very abusive terms, and he continued to appear enraged. - While mere words do not constitute an assault, the words coupled with an appearance of rage and with a just completed shove could constitute an assault. The reasonableness of Lay's apprehension of further contact was properly a jury question.

District court case of Florida from 1993: Harold L. LAWRENCE and Deborah Marie Lawrence, Appellants, v. BRANDELL PRODUCTS, INC. and Goudreau-Dehan, Inc., Appellees.

- One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold.

Larry WILLIAMS, Appellant, v. WORLDWIDE FLIGHT SVCS. INC., and Arthur Ambruster, Appellees.

- Outrageous conduct is conduct that is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency." - Liability, however, does not extend to mere insults, indignities, threats, or false accusations. - We agree with the trial court that the conduct Williams complained of did not rise to the level that may be reasonably regarded as so extreme and outrageous so as to permit him to recover in an action for intentional infliction of emotional distress. - This Court notes the number of state and federal remedies available to individuals who claim that they have been discriminated against in the workplace on the basis of their race. Williams could have pursued any of these remedies, and instead he elected not do so. The record does not reflect that Williams filed any discrimination charges in state court pursuant

CENTRAL STATES, SOUTHEAST & SOUTHWEST, etc., Appellants, v. FLORIDA SOCIETY OF PATHOLOGISTS, etc., et al, Appellees.

- Pathologists had no business relationship with patients they billed for non-patient-specific professional component of pathology services - In the instant case, the court erred in ruling that Central States interfered with the pathologists' relationships with the patients because the record does not show existing or prospective legal or contractual rights on the part of the pathologists. - but in the absence of a contract or other legal obligation, the individuals in the community do not have to pay the pathologists for the professional component. Because the pathologists have not shown that these patients have an obligation to pay a professional component fee, the lower court erred in entering judgment for the pathologists on this issue.

Meredith A. PAUL, Appellant, v. Paul HOLBROOK and Professional Medical Products, Inc., Appellees.

- Paul claims that on two occasions, Holbrook came up behind her while she was working and tried to massage her shoulders. On both occasions, Paul immediately pulled away and told Holbrook to leave, which he did. - The time and place, and the circumstances under which the act is done, will necessarily affect its unpermitted character, and so will the relations between the parties. A stranger is not to be expected to tolerate liberties which would be allowed by an intimate friend. But unless the defendant has special reason to believe that more or less will be permitted by the individual plaintiff, the test is what would be offensive to an ordinary person not unduly sensitive to personal dignity. - Case takeaway: For the first occasion, Holbrook would've not gotten in trouble because consent was neither given or refused until after the fact. However, the second occasion would've gotten Holbrook in trouble because he was told no already after the first time.

Patrick J. FINNEY d/b/a American Yacht Company, Appellant, v. Richard FROST, Appellee.

- Plaintiff sued defendant for fraudulent misrepresentation, asserting as fraud the false statement of the defendant that all bills were paid when in fact they were not. - There is no evidence in the record which could sustain a verdict in favor of the plaintiff. The evidence is insufficient to establish that the defendant knew the bills were not paid or that he told the plaintiff that the bills were paid to induce plaintiff to act.

Four basics of tort law:

- Preservation of peace: between individuals by providing a substitute for retaliation - Culpability: to find fault for wrongdoing - Deterrence: to discourage the wrongdoer [tortfeasor] from committing future wrongful acts, as well as, deter others from committing wrongdoing - Compensation: to indemnify the injured party to a lawsuit

Prima facie is often confused with res ipsa loquitur

- The difference between the two is that prima facie is a term meaning there is enough evidence to require the defendant to answer. Said another way, it means that the plaintiff has provided evidence sufficient to support each element of his claim. Prima facie does not automatically mean the plaintiff wins but that he should, and probably will, win of the defendant does not provide sufficient evidence to disprove / rebut one or all of the plaintiffs elements. - Res ipsa loquitur means that because the facts are so obvious, (i.e. evidence is not only presented to support each element of the claim, but that the evidence is uncontrovertibly), a party need not explain any more.

Supreme court case of Florida from 1976: Leon WEST, Individually and as personal representative of the Estate of Gwendolyn West, Deceased, et al., Plaintiffs-Appellees, v. CATERPILLAR TRACTOR COMPANY, INC., Defendant-Appellant.

- The manufacturer, by placing on the market a potentially dangerous product for use and consumption and by inducement and promotion encouraging the use of these products, thereby undertakes a certain and special responsibility toward the consuming public who may be injured by it.

The term negligence means...

- The omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do. (IN SHORT: not doing something that you should do) - Or doing something which a prudent and reasonable man would not do. It must be determined in all cases by reference to the situation and knowledge of the parties and all the attendant circumstances. (IN SHORT: doing something you should not have done)

Julia SLOCUM and Homer V. Slocum, her husband, Appellants, v. FOOD FAIR STORES OF FLORIDA, Inc., a Florida corporation, Appellee.

- This appeal is from an order dismissing a complaint for failure to state a cause of action. Simply stated, the plaintiff sought money damages for mental suffering or emotional distress, and an ensuing heart attack and aggravation of pre-existing heart disease, allegedly caused by insulting language of the defendant's employee disrected toward her while she was a customer in its store. Specifically, in reply to her inquiry as to the price of an item he was marking, he replied: 'If you want to know the price, you'll have to find out the best *397 way you can * * * you stink to me.' She asserts, in the alternative, that the language was used in a malicious or grossly reckless manner, 'or with intent to inflict great mental and emotional disturbance to said plaintiff.' - While that decision would apparently allow recovery for mental suffering, even absent physical consequences, inflicted in the course of other intentional or malicious torts, it does not resolve the central problem in this case, i. e. whether the conduct here claimed to have caused the injury, the use of insulting language under the circumstances described, constituted an actionable invasion of a legally protected right. Query: does such an assertion of a deliberate disturbance of emotional equanimity state an independent cause of action in tort? - The case is one of first impression in this jurisdiction, and she contends that this Court should recognize the existence of a new tort, an independent cause of action for intentional infliction of emotional distress. - line of demarcation should be drawn between conduct likely to cause mere 'emotional distress' and that causing 'severe emotional distress,' so as to exclude the situation at bar.

Paris Destinee CANNON, Appelant, v. Melissa THOMAS, on behalf of Aria Lee JEWETT, a minor child, Applee.

- Thomas's counsel also submitted Facebook messages which were exchanged between Cannon and Thomas's daughter the evening before the attack. In the Facebook message, Cannon threatened to physically beat Thomas's daughter because of a perceived insult. - In particular, we independently considered whether Cannon's Facebook messages could constitute assault and establish a second act of violence. An "assault" is "an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent." - Requires proof of the following three elements: "(1) an intentional, unlawful threat; (2) an apparent ability to carry out the threat; and (3) creation of a well-founded fear that the violence is imminent."

To understand strict liability better:

- View the cases above - Understand the restatement of torts document - "The manufacturer, by placing on the market a potentially dangerous product for use and consumption and by inducement and promotion encouraging the use of these products, thereby undertakes a certain and special responsibility toward the consuming public who may be injured by it."

Michael SULLIVAN, individually and as personal representative of the Estate of Suzanne Sullivan, his deceased wife, Appellant, v. ATLANTIC FEDERAL SAVINGS & LOAN ASSOCIATION, and Donald Streeter, individually, Appellees.

- We are aware that the element of intent in civil assault does not necessarily involve a subjective desire to do harm, but nevertheless conclude that the complaint fails to state a cause of action because assault and battery cannot be premised upon an omission or failure to act. - [t]he defendant must have done some positive and affirmative act ... which *55 must cause, and must be intended to cause, an unpermitted contact. Mere negligence, or even recklessness which only creates a risk that the contact will result, may afford a distinct cause of action in itself, but under modern usage of the term it is not enough for battery.

Paris HALE and Catherine Hale, his wife, Plaintiffs-Appellants-Appellees, v. HOLY CROSS HOSPITAL, INC., et al., Defendants-Appellants, Peter R. Sciarretta, M. D., Defendant-Appellee.

- Where patient was admitted to hospital without any evidence of lesions on his buttocks, within 22 hours lesions appeared, and heating device which was applied to that part of his body was under control and management of hospital, doctrine of res ipsa loquitur was applicable to issue of hospital's negligence.

Martin v. Reynolds Metals Co.

- Where plaintiffs, in personal injury actions, proved that fluorine compounds emanated from aluminum reduction plant of defendant, and that injury was suffered by plaintiffs as a result thereof, plaintiffs made out a prima facie case of negligence on part of defendant under the res ipsa loquitur rule, and it became duty of defendant to come forward with evidence to show that defendant was not negligent.

There are five components to the tort of Fraud

- a false statement of fact; - known by the defendant to be false at time it was made; - made for the purpose of inducing plaintiff to act in reliance thereon; - action by plaintiff in reliance on correctness of the representation; - resulting damage to plaintiff

Tortious Interference with a Business Relationship

- existence of business relationship - knowledge of relationship on part of defendant - intentional and justified interference with relationship by defendant - damage to plaintiff as result of breach of relationship

ETHAN ALLEN, INC., Appellant, v. GEORGETOWN MANOR, INC., Appellee.

- future sales to past customers with whom the plaintiff has no understanding that they will continue to do business with the plaintiff, or is the plaintiff's recovery of damages limited to harm done to existing business relationships pursuant to which plaintiff has legal rights - One of the claims in Georgetown's final amended complaint alleged that Ethan Allen had tortiously interfered with Georgetown's advantageous business relationship with its "customers, past present and future" by publishing the February advertisement. - (claim for tortious interference can be maintained even though business relationship is based on a contract which is void and unenforceable). - Georgetown had no identifiable agreement with its past customers that they would return to Georgetown to purchase furniture in the future. The mere hope that some of its past customers may choose to buy again cannot be the basis for a tortious interference claim.1 Accordingly, Georgetown may not recover, in a tortious interference with a business relationship tort action, damages where the "relationship" is based on speculation regarding future sales to past customers.

District court case of Florida from 1986: Efrem JOHNSON, Appellant, v. SUPRO CORPORATION, Appellee.

- is based on the essential requirement that the responsible party is in the business of and gains profits from distributing or disposing of the "product" in question through the stream of commerce. - the case fell because it was not through a stream of commerce

Under the doctrine of res ipsa loquitur, the plaintiff argues two main points

- the accident would not have occurred but for the negligence of the defendant - the instrumentality or condition causing the injury was under the defendant's exclusive control. - the four main elements of negligence must be proven

Supreme court case of Florida from 1959: Frank B. ATKINS & Rebecca Atkins, an infant, by Frank B. Atkins, her father & next friend, Petitioners, v. Karl T. HUMES, Respondent.

- the careless or unskillful administering of an approved medical treatment (IN SHORT: doing something but doing it improperly against an approved standard to care) - as distinguished from a charge based on an incorrect diagnosis or the adoption of the wrong method of treatment (IN SHORT: not doing something as you should have done) - Even in those cases in which some expert testimony may be required to show causation, the jurors may be authorized to infer from the circumstances that the defendant was negligent in the administration of an approved medical treatment, despite the absence of direct expert testimony to this effect and in the face of expert testimony to the contrary (IN SHORT: the jury may be sufficient enough in deciding whether or not the defendant was negligent without an expert present).

Intentional Infliction of Emotional Distress

- the wrongdoer's conduct was intentional or reckless; - the conduct was outrageous; - the conduct caused emotional distress; - the emotional distress was severe

Battery is defined as...

an intentional touching of another person without that person's consent

Assault and Battery does not require...

damage to be proven under their tort

The theory of strict liability states...

if something is extremely dangerous then the person who is making a living off of it is going to have to bear the responsibility, or the risk, of the damaged caused by it

Standard to care...

is a sub-unit of duty to care which describes what conduct is expected of an individual in a given situation. The general standard of acceptable care is based on what a reasonably prudent person would do, or not do, acting under the same, or similar, circumstances.

What is RES IPSA LOQUITOR?

it is a Latin term that literally means "the thing speaks for itself." The term is generally used in a civil tort liability context when someone is injured by another (IN SHORT: A rule of evidence where negligence may be inferred because an accident occurred). For example, an injured person, i.e. plaintiff, files a civil lawsuit against the defendant for negligence.

Every tort case involves a...

jury. Therefore, the jury conducts what is reasonable behavior or not.

Assumption of Risk is...

knowing that a danger exists and voluntarily accepting the risk by exposing oneself to it, aware that harm might occur. Assumption of the risk may be implicitly assumed, as in alcohol consumption, or expressly assumed, as in relation to warnings found on cigarette packaging.

Sovereign immunity is a...

legal doctrine by which federal and state governments historically have been immune from liability for harm suffered from the tortious conduct of government employees.

Statute of Limitations refers to...

legislatively imposed time constraints that restrict the period after the occurrence of an injury during which a legal action must be commenced. Should a cause of action be initiated later than the period prescribed, the case cannot proceed. (IN SHORT: things you can be persecuted on have an expiration date except murder)

If there is no relationship then there is...

no reason to pursue the case any further

So, what are some examples of res ipsa loquitor?

· scalpel left inside body of patient by doctor after patient had his/her appendix removed; · person hit from cargo falling from a crane; · person hit from pot plant walking past single two story apartment; · a ship in motion collides with an anchored ship; · one train hits another sitting train on a railway; · person bit or injured by a known-to-be vicious dog