Definitions
is an area of the law that holds an individual or
business accountable for either intentional or
unintentional harm caused to another person or business
Tort Law
What was the name of the 79 year old woman that was burned by McDonald's coffee?
Stella Liebeck
Unintentioanl Tort
not deliberate harm. Occurs when a person or business has caused harm to another
person or business, not deliberately but because the tortfeasor(s) is
careless in their action.
What are the 3 classes of Occupier's Liability?
Trespassers, Licensees, Invitees
Professionals have a legal responsibility to their client to provide a service or advice in the best interest of their client.
Fiduciary Duty
What is the % of contributory negligence found against Stella?
20%
Intentional Tort
Deliberate harm. Occurs when a person or business consciously and deliberately
causes harm to another individual or business.
is a person, persons, or organization that enters the land of the occupier without legal right or permission.
Trespasser
is the responsibility of the manufacturer to create safe products.
Product Liability
What temperature was it found that McDonald's was serving their coffee at?
Trespasser
A trespasser breaks into a business and severely fractures his or her back after slipping on a puddle caused by the business’s ongoing water leak.
a person, persons, or organization that enters the land of the occupier with permission.
Licensee
is where the court apportions responsibility to the injured.
Contributory Negligence
How much did the Jury decide to pay Stella in damages?
$160,000 in compensatory damages and 2.7M total
Assault
If a person threatens to punch another person, the
person threatened can bring a lawsuit using the tort of assault.
a person, persons, or organization that enters the land of the occupier with an invitation so that the occupier benefits from the invitee’s business.
Invitee
is a tort of negligence for professionals that protects them from economic loss in the event that their client suffers from injury due to the service(s) they have provided
Professional Liability
In the twin pregnancy case, what is the standard of care for the professional who was found negligent?
The doctor, Dr. Knolla was 2 hours late to the twins c-section which resulted on a lack of oxygen and permanent brain damage to one of the twins (Colin).
Battery
If a bouncer intentionally harms a patron, the
establishment may be facing a lawsuit.
Give an example of a Licensee situation that could happen
A person allows a friend to use their property for their own enjoyment and that friend falls into a hole that was unmarked and was not informed there was a hole they should be aware of and was injured.