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PRL 101 slides, Oct. 6

1247d0fbb1983f2e8070809bb7acd6ef?s=47 Ted Major
October 06, 2015

PRL 101 slides, Oct. 6

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1247d0fbb1983f2e8070809bb7acd6ef?s=128

Ted Major

October 06, 2015
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  1. Torts cc licensed ( BY NC ) flickr photo by

    Portrait / Wedding...: http://flic.kr/p
  2. Brief 2 assignment

  3. Intentional torts creative commons licensed (BY-NC-ND) flickr photo by kami68k

    [17.04. - Graz]: https://flic.kr/p/bohczf
  4. Definitions • law of civil wrongs • compensates harm •

    may punish to deter future wrongdoing. • three categories – Intentional torts – Negligence – Strict liability
  5. Intentional Torts © D. Erin 2007 https://flic.kr/p/3QWCMR

  6. Intent Dennis Mitchell?

  7. Ala. Code §13A-11-53 Anyone who carries concealed about his person

    brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.
  8. None
  9. Intent • Purpose to produce the result – Did Dennis

    have intent? OR . . .
  10. None
  11. creative commons licensed (BY-NC) flickr photo by Thomas Hawk: http://flickr.com/photos/thomashawk/2298695645

  12. creative commons licensed (BY-NC-SA) flickr photo by cobalt123: https://flic.kr/p/FNgEL

  13. transferred intent creative commons licensed (BY) flickr photo by SyN+H:

    https://flic.kr/p/9hjkz
  14. false imprisonment • unlawful detention • any length of time

    • deprived of personal liberty c licensed ( BY SA ) flickr photo by Mitch Featherston:
  15. shopkeeper’s privilege reasonable grounds for suspicion reasonable time reasonable investigation

    cc licensed ( BY NC SA ) flickr photo by Jim: http://flic.kr/p/GMcAK
  16. Goodman v. Wal-Mart (Ala. 1999) • Goodman returned phone to

    Wal-Mart for exchange • Couldn’t find another phone • Retrieved phone from employee & left • Detained by security, handcuffed & arrested • Acquitted of shoplifting • Sued for false imprisonment: $3.2M verdict
  17. defamation false statements 3d party harm reputation cc licensed (

    BY ) flickr photo by robertsharp: http://flic.kr/p/fjAR18
  18. cc licensed ( BY NC ) flickr photo by Allen:

    http://flickr.com/photos/roadsidepictures/2923629922/
  19. public figure • must show ‘actual malice’: – knowledge of

    falsity -or- – reckless disregard for truth
  20. Negligence creative commons licensed (BY-NC-ND) flickr photo by ageing accozzaglia:

    https://flic.kr/p/5iFq7p
  21. creative commons licensed (BY-NC-SA) flickr photo by fboosman: https://flic.kr/p/kYWp Damages

  22. Purposes of tort law  Compensate harm  Deter wrongful

    conduct
  23. Punitive damages  Awarded in only 2% of cases which

    go to trial  90% of cases settle or are dismissed  Median award $38,000-$50,000
  24. creative commons licensed (BY-NC) flickr photo by Jeremy Brooks: https://flic.kr/p/ChXgW

  25. Gore v BWM  Limits on punitive damages  The

    degree of reprehensibility of the defendant’s conduct;  The ratio to the compensatory damages awarded (actual or potential harm inflicted on the plaintiff); and  Comparison of the punitive damages award and civil or criminal penalties that could be imposed for comparable misconduct.
  26. Negligence • Duty of care • Breach of duty •

    Damages • Causation • In fact • Proximate cc licensed ( BY ) flickr photo by
  27. Res Ipsa Loquitur • Δ had exclusive control of situation

    • Injury ordinarily would not occur but for negligence creative commons licensed (BY-NC) flickr photo by jpeepz: https://flic.kr/p/wDmz
  28. creative commons licensed (BY-SA) flickr photo by Ewan-M: https://flic.kr/p/5X5vH7 Good

    Samaritan Statutes protect those who render emergency aid from negligence liability
  29. §6-5-332 Persons rendering emergency care • Doctors (& public education

    employees!), etc. • Emergency helicopter crew • Physician gratuitously advises medical personnel at the scene of an emergency episode by direct voice contact • Mine rescue planning and recovery operations • A person who without compensation renders emergency care to a person suffering from cardiac arrest • Licensed engineer, etc.
  30. Dram Shop Act • § 6-5-71, • π must prove

    that the sale of alcohol: – was contrary to the provisions of law – was the cause of intoxication and – resulted in the plaintiff's injury. creative commons licensed (BY-NC-ND) flickr photo by Adam Kuban: https://flic.kr/p/4Fse53
  31. Guest statute • In Ala. (§32-1-2): • The owner of

    a motor vehicle shall not be liable to injuries for a guest being transported for free except for willful and wanton conduct. Public domain image circa 1939, LOC: https://flic.kr/p/4jyfP7
  32. Defenses • Contributory Negligence – If π is at all

    negligent, π recovers nothing --OR-- • Comparative Negligence – If π is negligent, π’s recovery is reduced • Assumption of Risk – π knew risk involved in activity and voluntarily undertook that risk • Superseding Cause • unforeseeable event occurring after negligence that causes harm
  33. Assumption of risk creative commons licensed (BY) flickr photo by

    curtis palmer: https://flic.kr/p/6rwT6P
  34. creative commons licensed (BY) flickr photo by permanently scatterbrained: https://flic.kr/p/5n7vvS

  35. None
  36. Strict Liability creative commons licensed (BY-NC-SA) flickr photo by splityarn:

    https://flic.kr/p/6ux1hn
  37. Abnormally Dangerous Activities • potential for serious harm • high

    degree of risk that cannot be guarded against • not commonly performed in the community or area creative commons licensed (BY-NC) flickr photo by Pandiyan: http://flickr.com/photos/pandiyan/209805662
  38. None
  39. None
  40. Restatement (Torts) §402A 1. Δ in business of selling or

    manufacturing product 2. No substantial change in product 3. Defect • Design • Manufacturing • Warning 4. Unreasonably dangerous 5. Defect caused injury Strict products liability
  41. AEMLD  Alabama Extended Manufacturer's Liability Doctrine  sold a

    defective product  defect was the cause in fact of injury and is traceable to the defendant  without substantial modification to the condition in which it was sold  duty to design and manufacture reasonably product
  42. Manufacturing defect CClicensed (BY-NC-SA) flickr photo by knittinandnoodlin:https://flic.kr/p/c2gCP

  43. Warning Defect creative commons licensed (BY-NC-SA) flickr photo by slworking2:

    http://flickr.com/photos/slworking/3171706652
  44. Design Defect creative commons licensed (BY-NC) flickr photo by Durundal:

    https://flic.kr/p/4UEdj
  45. creative commons licensed (BY-SA) flickr photo by cobaltfish: https://flic.kr/p/cKy4rL Eggshell

    plaintiff rule