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PRL 101 slides, Oct. 6

Ted Major
October 06, 2015

PRL 101 slides, Oct. 6

CC-BY-SA

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. Definitions • law of civil wrongs • compensates harm •

    may punish to deter future wrongdoing. • three categories – Intentional torts – Negligence – Strict liability
  3. 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.
  4. false imprisonment • unlawful detention • any length of time

    • deprived of personal liberty c licensed ( BY SA ) flickr photo by Mitch Featherston:
  5. 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
  6. 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
  7. defamation false statements 3d party harm reputation cc licensed (

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

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

    falsity -or- – reckless disregard for truth
  10. 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
  11. 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.
  12. Negligence • Duty of care • Breach of duty •

    Damages • Causation • In fact • Proximate cc licensed ( BY ) flickr photo by
  13. 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
  14. 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
  15. §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.
  16. 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
  17. 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
  18. 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
  19. 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
  20. 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
  21. 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