Business Law
TORT LAW – UNINTENTIONAL TORTS
What do you think an unintentional tort is?
UNINTENTIONAL TORTS
A person can commit an unintentional tort,
when he or she acts in a careless manner that
results in an injury to a person, damage to
property, or both.
 Negligence and strict liability are unintentional
torts.

Torts
Intentional Torts
Unintentional Torts
•When a person commits
a wrong against another
and knows and desires
the consequences of his
or her act.
•Examples:
•Assault and battery
•Trespass
•False Imprisonment
•When acting in a
careless manner causes
damage or injury.
•Examples:
•Negligence
•Strict liability
UNINTENTIONAL TORTS

Negligence is an accidental or unintentional
tort resulting because of the failure to exercise
the degree of care that a reasonable person
would have exercised in the same
circumstances.
UNINTENTIONAL TORTS

Strict liability is the doctrine that states that
people engaged in ultrahazardous activities will
be held liable, regardless of how careful they
were and regardless of their intent.
NEGLIGENCE
Is an accidental or unintentional tort
 Is the tort that most often occurs in society
today.

ELEMENTS OF NEGLIGENCE
Duty of care
 Breach of duty
 Proximate cause
 Actual harm

NEGLIGENCE - DUTY OF CARE
All of us have a duty not to violate certain rights
of others.
 The plaintiff must demonstrate that the
defendant owed him or her duty of care.

EXAMPLE – DUTY OF CARE

Julia was injured while diving at a public pool.
The injury could have been avoided if the diving
board had a guardrail. Julia sued the state’s
Department of Health.
EXAMPLE – DUTY OF CARE

The court ruled the Department of Health had a
duty to the state’s sanitary code, not a duty to
inspect for safety problems. The Department of
Health had no duty to Julia.
NEGLIGENCE – BREACH OF DUTY
Breach of duty is the failure to use the degree
of care that a reasonable person would
exercise in that same situation.
 The words “reasonable person” must be used
when instructing the jurors.

NEGLIGENCE – PROXIMATE CAUSE
Proximate cause is the legal connection
between unreasonable conduct and the
resulting harm.
 Without proximate cause, the result would not
have occurred.

NEGLIGENCE – ACTUAL HARM
The essence of any tort suit is a violation of a
duty that results in injury to the plaintiff.
 The plaintiff must have actually suffered
physical injury, property damage, or financial
loss.

DEFENSES TO NEGLIGENCE
Contributory negligence
 Comparative negligence
 Assumption of risk

CONTRIBUTORY NEGLIGENCE

Behavior by the plaintiff that helps cause his or
her injuries may be considered contributory
negligence.
COMPARATIVE NEGLIGENCE

The negligence of each party is compared
under the doctrine of comparative negligence,
and the amount of the plaintiff’s recover is
reduced by the percent of his or her negligence.
ASSUMPTION OF RISK

If the defendant can show the plaintiff knew of
the risk involved and still took the chance of
being injured, he or she may claim assumption
of risk.
EXAMPLE – ASSUMPTION OF RISK
Ronda begged Marcus for a ride home from
school, even though she knew he had been
ticketed for speeding and reckless driving on
several occasions. On the way home there was
an accident, and Ronda’s leg was broken.
 If she were to sue Marcus for negligence, do
you think Marcus should claim assumption of
risk as a defense?

Why is strict liability considered an
unintentional tort?
STRICT LIABILITY

Some activities are so dangerous that the law
will apply neither the principles of negligence
nor the rules of intentional torts to them.
STRICT LIABILITY

According to strict liability, if these activities
injure someone or damage property, the people
engaged in the activities will be held liable,
regardless of how careful they were and
regardless of their intent.
STRICT LIABILITY – PRODUCT LIABILITY

When people are injured by defective products,
both the firm that manufactured the products
and the seller of the products are liable for
injuries.
TORT REFORM
Survival statutes
 Wrongful death statutes
