Tort Law
strict liability
a legal doctrine that says some activities are so dangerous that liability will always follow any injury because the risk is so great that no amount of care will eliminate it; examples include using explosives and keeping wild animals as pets
tort
a private wrong committed by one person against another
General Defect Theory
a product liability doctrine that states that accidents of this type do not occur without a defect and the plaintiff sufficiently eliminated other proximate causes
negligence
a tort that occurs when one person carelessly injures another by being less careful than a reasonable person should; the plaintiff must prove that all four elements exist
intentional tort
actions that deliberately hurt, embarrass, or scare another person
injunction
an order to act (do or stop doing something) that is issued by the court to the defendant of a lawsuit
risks vs. utility
assessment that considers the monetary cost of a new design, the lost utility of the old design, and the trade off safety costs of the new design
tort law
based on the idea that everyone has certain rights (i.e., privacy, good name & reputation, etc.) and everyone has a duty to respect the rights of others
Reasonable Person Test
considers how likely a certain act is to cause harm, how serious the harm would be, and the burden involved in avoiding harm; used to determined if a breach occurred in a negligence lawsuit
characteristics of criminal law
crimes are against the public good; legal process includes a criminal trial; goal is to protect society and punish offenders
breach
determined by the Reasonable Person Test
elements of negligence
duty, breach, cause, harm
torts against persons
examples include assault, battery, false imprisonment, defamation, invasion of privacy
torts against property
examples includes trespassing and nuisances
proximate cause
exists when the link between the negligent conduct (action) and the resulting injury is strong enough to be recognized by law; also known as legal cause
functions of warnings
informational to alert consumers that the product is dangerous; warning to alert consumers that there are ways to limit the risk
false imprisonment
intentional tort based on the idea that people have a right to move around freely; cannot be detained without reasonable grounds or for more than a reasonable amount of time
nuisance
intentional tort that occurs when one person interferes with another person's enjoyment of property; examples include loud music at night (after a reasonable hour) and foul odors
trespassing
intentional tort that occurs when one person interferes with another person's real property (land); also includes permanent fixtures on the land like buildings and trees
invasion of privacy
intentional tort that occurs when one person interferes with another person's right to be left alone; examples include doctor-patient confidentiality or using a photo/likeness for advertising
defamation
intentional tort that occurs when one person lies about another person in a way that hurts the innocent person's reputation; examples include libel (written, printed or recorded) and slander (verbal or spoken)
assault
intentional tort that occurs when one person threatens to harm another person; has occurred as soon as you are afraid of immediate harm to your body; an example is someone pulling a knife on you
battery
intentional tort that occurs when one person touches another person in an unlawful or unwanted manner; can also affect items closely associated with the body (i.e., hat or backpack); an example is pulling a chair out from underneath someone
manufacturing defect
may be proved only when the product is substantially unaltered (modifications, damage, wear & tear)
plaintiff
person who initiates a lawsuit
victim
person who is injured by a tort; also referred to as the innocent party
utility
positive characteristics or added-value features of a product
elements of a tort
possession of certain rights by an innocent party, violation of those rights, resulting injury that hurts the innocent party
product liability
refers to defective products; both the manufacturer and seller are liable
cause
the action or behavior must be the proximate cause of injury
damages
the compensation awarded to the plaintiff (injured party) of a lawsuit from the defendant
tortfeasor
the defendant in a lawsuit who allegedly committed a tort
duty
the obligation to use a reasonable standard of care to prevent injury to others
harm
the victim must suffer an actual injury, have property destroyed, or lose a lot of money
reasonableness
three questions with regard to product liability including is the risk known, is the harm forseeable, is it just plain silly to warn about (obvious danger exception)?
characteristics of tort law
torts are against a person or property; legal process includes a civil lawsuit; goal is to compensate the victim for his/her injury
