Chapter Seven
Tort Law, Workers’ Compensation
and Environmental Law
Tort Law in General


Personal injury practice deals with
lawsuits or claims for money damages for
injuries people have suffered.
The most common type of personal
injury case involves automobile
accidents.
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TORT CATEGORIES
TORT CATEGORIES
DEFINITION
DEFENSES
Intentional
A willful act done with the
knowledge that the act will.
cause harm
Privilege, Consent,
Immunity
Negligence
Failing to act as a
reasonable prudent person
would act in the same or
similar circumstances.
Contributory Negligence,
Comparative Negligence,
Assumption of the Risk,
Immunity
Strict Liability
Liability for injury even
though the injury was not
caused by an intentional or
negligent act; liability
without fault.
Assumption of the Risk,
Comparative Negligence
(in some jurisdictions)
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Tort Law (vocabulary)


Tort: a noncontractual civil wrong
Workers’ Compensation: laws that apply to
those who are injured at work

Tortfeasor: one who commits a tort

Punitive Damages: damages meant to punish

Cause of Action: the basis upon which a lawsuit
may be brought to court
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Personal Torts



Assault and Battery
False Imprisonment
& False Arrest

Defamation

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Invasion of Privacy
Intentional Infliction of
Emotional Distress
Malicious Prosecution
& Abuse of Process
Civil-Rights Violations
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Upper Saddle River, NJ 07458. • All Rights Reserved.
Other Torts and Defenses

Business Torts
Defenses:

Property Torts
Consent

Fraud
Privilege
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Negligence (the elements)
1.
Duty of Due Care
2.
Breach of the Duty of Due Care
3.
Actual Cause
4.
Proximate Cause
5.
Damages
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Types of Negligence Actions



Automobile
Accidents
Liability of
Landowners

Negligent Infliction of
Emotional Distress

Defective Products

Loss of Consortium
Professional
Negligence
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Hames and Ekern
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Defenses to Negligence
1.
Contributory Negligence
2.
Comparative Negligence
3.
Assumption of the Risk
4.
Immunity
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Intentional tort


An intentional tort is one in which the party
committing the tort intends to do the act
knowing it will cause an injury.
In situations where the same act is both a
tort and a crime, remember that the cases
will always be handled separately in our
legal system.
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Strict Liability

Dangerous Animals

Ultrahazardous Activities

Defective Products

Defenses to Strict Liability
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.
Damages


Special Damages: out-of-pocket
loses
General Damages: damages not
based on a monetary loss; inlcudes
items such as pain and suffering
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Hames and Ekern
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© 2010 Pearson Higher Education,
Upper Saddle River, NJ 07458. • All Rights Reserved.