⚖️Business Law Unit 6 – The Tort System

What's a Tort Anyway?

• A tort is a civil wrong that causes harm or injury to another person or their property
• Torts are different from criminal acts as they are handled through civil lawsuits rather than criminal prosecution
• The primary purpose of tort law is to provide relief for the damages incurred and deter others from committing similar harms
• Torts can be intentional (assault, battery, trespass), negligent (car accidents, medical malpractice), or strict liability (defective products)
• The injured party (plaintiff) seeks compensation from the alleged wrongdoer (defendant) through the court system
• Torts fall under the broader category of civil law, which deals with disputes between individuals or organizations
• The remedy in tort cases is typically monetary damages paid by the defendant to the plaintiff to compensate for the harm caused

Types of Torts: The Good, the Bad, and the Negligent

• Intentional torts involve a deliberate act to harm another person (assault, battery, false imprisonment, intentional infliction of emotional distress)
  • Assault is the threat of imminent harm or offensive contact, while battery is the actual harmful or offensive contact
  • False imprisonment involves confining a person against their will without legal authority
• Negligent torts occur when a person fails to exercise reasonable care, resulting in harm to another (car accidents, slip and fall incidents)
  • The defendant's conduct is compared to that of a "reasonable person" in similar circumstances
  • Negligence requires proof of duty, breach of duty, causation, and damages
• Strict liability torts hold a defendant responsible regardless of fault (product liability, animal attacks by wild animals)
  • In product liability cases, manufacturers can be held liable for defective products that cause harm, even if they were not negligent
• Defamation, which includes libel (written) and slander (spoken), is a tort involving harm to a person's reputation
• Nuisance torts involve interference with another person's enjoyment of their property (loud noises, unpleasant odors)
• Trespass is the unauthorized entry onto another person's property

Key Players in Tort Cases

• Plaintiff: The injured party who brings the lawsuit seeking compensation for damages
• Defendant: The alleged wrongdoer who is being sued by the plaintiff
• Attorneys: Legal representatives for both the plaintiff (plaintiff's attorney) and the defendant (defense attorney)
• Judge: Presides over the court proceedings, ensures fairness, and interprets the law
  • In bench trials, the judge also determines the verdict
• Jury: In jury trials, a group of citizens chosen to hear the evidence and decide the verdict
• Expert witnesses: Professionals with specialized knowledge who provide testimony to help the court understand complex issues (medical experts, accident reconstruction specialists)
• Insurance companies: Often involved in tort cases, particularly in negligence claims, as they may be responsible for paying damages on behalf of their insured

Elements of a Tort Claim

• Duty: The defendant owed a legal duty of care to the plaintiff
  • The duty can be based on a specific relationship (doctor-patient) or a general duty to exercise reasonable care
• Breach of Duty: The defendant failed to fulfill the legal duty of care
  • This is often determined by comparing the defendant's actions to those of a reasonable person in similar circumstances
• Causation: The defendant's breach of duty directly caused the plaintiff's injuries or damages
  • Causation has two components: cause-in-fact (but-for cause) and proximate cause (foreseeable consequence)
• Damages: The plaintiff suffered actual harm or losses as a result of the defendant's actions
  • Damages can include physical injuries, property damage, financial losses, and emotional distress
• The burden of proof in tort cases is typically on the plaintiff to establish these elements by a preponderance of the evidence
• If any element is missing, the tort claim will fail

Defenses: How to Wiggle Out of Trouble

• Consent: The plaintiff voluntarily agreed to the conduct that caused the harm (participation in a contact sport)
• Assumption of risk: The plaintiff knowingly and voluntarily exposed themselves to a known danger (skydiving)
• Comparative negligence: The plaintiff's own negligence contributed to their injuries, reducing the defendant's liability
  • In some states, if the plaintiff is more than 50% at fault, they may be barred from recovery altogether
• Contributory negligence: The plaintiff's negligence contributed to their injuries, completely barring recovery (only a few states use this doctrine)
• Statute of limitations: The plaintiff failed to file the lawsuit within the time limit prescribed by law
• Immunity: Some defendants may be protected from liability due to their status or role (government officials, charitable organizations)
• Self-defense: The defendant's actions were justified to protect themselves or others from harm
• Necessity: The defendant's actions were necessary to prevent a greater harm (breaking a car window to rescue a trapped child)

Damages: Show Me the Money

• Compensatory damages: Monetary awards intended to compensate the plaintiff for their losses
  • Economic damages: Quantifiable financial losses (medical expenses, lost wages, property damage)
  • Non-economic damages: Subjective losses (pain and suffering, emotional distress, loss of enjoyment of life)
• Punitive damages: Additional monetary awards intended to punish the defendant for particularly egregious conduct and deter similar behavior in the future
• Nominal damages: Small monetary awards given when a tort occurred but no significant damages were proven
• Injunctions: Court orders requiring the defendant to take specific actions or refrain from certain conduct
• Restitution: Restoration of the plaintiff's property or money that was wrongfully taken by the defendant
• Damages caps: Some states limit the amount of damages that can be awarded in certain types of cases (medical malpractice)
• Collateral source rule: Damages awarded to the plaintiff are not reduced by compensation received from other sources (insurance payments)

Real-World Examples: Torts in Action

• Famous intentional tort case: Liebeck v. McDonald's Restaurants (1994) - A woman suffered severe burns from hot coffee and was awarded $2.7 million in damages
• Negligence case: Anderson v. Cryovac (1986) - Families in Woburn, Massachusetts, sued a company for contaminating their water supply, leading to leukemia cases
• Strict liability case: Escola v. Coca-Cola Bottling Co. (1944) - A waitress was injured by an exploding Coca-Cola bottle, establishing the doctrine of strict product liability
• Defamation case: New York Times Co. v. Sullivan (1964) - The Supreme Court established the "actual malice" standard for defamation cases involving public figures
• Nuisance case: Spur Industries v. Del E. Webb Development Co. (1972) - A developer sued a cattle feedlot for creating a nuisance, resulting in the "coming to the nuisance" defense
• Trespass case: Jacque v. Steenberg Homes (1997) - A homeowner sued a company for trespassing on their land, resulting in a $1 award for nominal damages and$100,000 in punitive damages

Impact on Businesses: Why Should We Care?

• Tort law holds businesses accountable for their actions and encourages them to prioritize safety and responsible practices
• Businesses can face significant financial consequences from tort lawsuits, including damages, legal fees, and increased insurance premiums
• Negative publicity from tort cases can damage a company's reputation and lead to lost sales and decreased customer trust
• Businesses may need to implement new policies, procedures, or training programs to minimize the risk of tort liability
• Product liability concerns can influence product design, manufacturing processes, and warning labels
• Employers can be held liable for the negligent actions of their employees through the doctrine of vicarious liability
• Businesses may purchase liability insurance to protect against potential tort claims, but this adds to operational costs
• Tort reform efforts, such as damages caps and statutes of limitations, can impact the business environment and the ability of plaintiffs to seek redress