PRL 101 slides, Oct. 6

CC-BY-SA

Transcript

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.
9. Intent • Purpose to produce the result – Did Dennis have intent? OR . . .
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
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
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