Intentional Torts Against People
Pain and suffering, loss of companionship, loss of reputation, disfigurement, loss of mental/physical capacity
The four elements that a plaintiff must establish to bring a negligence lawsuit.
Injury, duty, breach, and causation
You do not have to have this kind of relationship with a product manufacturer to sue them for injuries you sustain from using their product
Privity of contract or a contractual relationship
Conversion
Tax law or governmental relations
Courts award this type of damages to deter defendants from engaging in similar conduct in the future
Punitive damages
This type of statute provides that bars and restaurants are potentially legally liable for the injuries caused by a person who is over-served while drinking alcohol on the business' premises and then injures another.
Dram Shop Act
One of the reasons we hold businesses legally liable for injuries sustained from use of the products they manufacture/sell
An auto shop who refuses to return a vehicle to a customer who is unwilling to pay for the car repair services provided is likely not liable for this type of intentional tort lawsuit.
Trespass to personal property
A personal injury lawyer only gets paid when they negotiate a settlement or win a jury award for their client. This type of fee arrangement is referred to as what?
What is assault (for civil law purposes)?
The intentional and unexcused threat of immediate or offensive contact
Proximate cause
True or False: Affixing a warning label to a consumer product is an absolute defense to a product liability claim.
False
This defense will prevent a landowner from suing you from trespass onto their land
Permission
Which of the following is not an example of an intentional tort? False imprisonment, trespass to land, negligence, assault
Negligence
A false statement of this kind cannot be the basis of a claim for libel or slander (a/k/a defamation)
A false statement of opinion (must be a false statement of fact)
A jury awards a plaintiff a $200,000 award for her injuries sustained in a car accident. However, the jury also found her 55% responsible for sustaining her injuries. What is the amount of the award the plaintiff will receive?
45% of $200,000 = $90,000 (or potentially $0 if she lives in a state that prohibits plaintiffs to recover for their injuries if they are > 50% liable)
Davis bought a tractor from a John Deere retailer in 2019 and used it on his farm. Recently, Troy bought a tractor from Davis and was injured using the tractor because a wheel axle broke while he was operating the tractor. Who can Troy sue for the tort product liability?
John Deere (Davis is not engaged in the business of selling/distributing tractors).
This tort involves making economically injurious false statements about the product or property of another.
Disparagement of property
The legal defense of preemption has been successfully raised in products liability cases involving this industry.
Medical devices
Two of the legal interests that tort law seeks to protect
Personal physical safety, freedom of movement, and/or protection of property
This is the legal duty that owners of a business premise owe to its customers
Warn of foreseeable risks
This defense to a products liability claim applies when a user should be aware of the particular dangers associated with a product given their extensive personal experience with similar kinds of products and their uses.
Knowledgeable User
True or false: Trespass to land only can occur if someone steps on top of the land of another without permission.
False - can be on, above, or below the ground
Name two things you should bring with you to an initial consultation meeting with an attorney if you believe you need to sue someone because of untruthful statements they have made about you and your business.
Relevant emails/documents, videos/recordings, chronology of events, list of witnesses, evidence of the false statement, evidence the statement is false, etc.