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West Chester University of Pennsylvania *
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610
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Law
Date
Jan 9, 2024
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Lesson 15: Tort Law, Product Liability and Consumer Law
Chapter 2: Torts and Consumer Protection
Torts and Consumer Protection
●
“Erin Brockovich” (2000) with Julia Roberts illustrates the importance of a passionate paralegal in tort law. It’s an excellent example
●
A tort is when someone’s actions, either by negligence or intent, harm another person
●
Tort law deals with rights, obligations, and court remedies for those harmed by wrongful actions in areas like security, privacy, freedom, and
reputation
●
In tort cases, one party sues another for compensation or relief due to harm suffered
Classification of Torts
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There are three basic classifications of torts:
○
Intentional Torts
○
Negligence
○
Strict Liability
Intentional Torts
●
Intentional torts are wrongful actions committed on purpose ●
Intentional torts include:
○
Assault is trying to harm or threaten to harm someone, causing fear of injury. Battery
is intentionally touching someone without consent in a harmful or offensive way
○
False Imprisonment
is intentionally restraining someone without permission
○
Intentional Infliction of Emotional Distress
involves frightening someone with extreme or outrageous behavior, causing severe emotional distress
○
Defamation
is knowingly spreading false information about someone, known as libel in writing and slander when spoken
○
Invasion of the Right to Privacy
can take four forms, including intrusion, publicizing private information, false portrayal, and unauthorized use of someone’s likeness
○
Misrepresentation
or fraud means deliberately lying to someone who relies on false information, resulting in harm
○
Wrongful Interference
is when a third party intentionally damages someone’s business or contractual relationships for financial gain
Intentional Torts Against Property
●
Intentional torts against real property involve intentionally damaging or taking someone’s belongs, including:
○
Conversion
: Taking someone’s personal property
○
Trespass to Personal Property
: Damaging or interfering with another’s belongings
○
Trespass to Land
: Entering another’s property without permission
Negligence
●
Negligent torts happen when someone fails to meet the legal standard of care, causing harm to another. Examples include car accidents, slips and falls, and medical malpractice
●
Proving negligence in a personal injury claim requires three elements:
○
(1) Duty of Care
: People must act reasonably toward others
○
(2) Breach of Duty
: Someone failed to act reasonably
○
(3) Directly Caused Damage or Injury
: Injuries must result from the
failure to act reasonably, known as proximate cause Defenses to Negligence
●
Defendants in negligence suits use evidence to challenge the plaintiff’s case. They often rely on these affirmative defenses:
○
(1) Assumption of Rise
: Claiming the plaintiff willingly accepted the
potential risks
○
(2) Superseding Cause
: Arguing that something else caused the harm, not their actions
○
(3): Contributory Negligence
: Suggesting the plaintiff’s actions also contributed to the harm
Special Negligence Doctrines and Statutes
●
In some cases, negligence is defined by law:
○
(1) Negligence Per Se
: If someone breaks a law (like a speed limit) designed to prevent specific injuries, and this violation causes harm, it’s considered negligence
○
(2) Special Negligence Statutes
: Laws like dram shop acts and good Samaritan laws protect volunteers during emergencies. Violating them leads to civil liability
Monetary Loss
●
Monetary losses are linked to the three elements
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Not mandatory to prove damage, but vital for success
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Documentation of injury and related expenses is crucial for obtaining a settlement
Strict Liability
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Strict liability means being held responsible regardless of fault
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It applies to individuals or companies for damage or injuries caused by a product or activity
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This includes harm from dangerous activities, animals, and fault products
Product Liability
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Product liability holds manufacturers and sellers responsible for harm from defective products
●
Injured individuals can file lawsuits based on negligence, misrepresentation, or strict product liability
○
Negligence
: Manufacturers must be careful in product design, material selection, production, testing, and providing warnings
○
Misrepresentation
: If a seller lies about a product’s quality, use, and someone gets hurt, it can lead to a fraud-based liability without proving the product was defective
Strict Product Liability
●
A manufacturer can still be held liable even if they were reasonably careful, as the law aims to protect consumers from unsafe products
●
Liability also applies to component part supplies
●
To make a case, the plaintiff must prove:
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○
The product was defective and unreasonably dangerous when purchased
○
Unreasonable danger means it’s more hazardous than an average consumer expects or if a safer option was feasible but not used by
the manufacturer. The defect must have caused the injury
○
The user didn’t significantly change the product
●
There are three types of product defects: manufacturing, design, and warning defects
Defenses to Product Liability
●
Defendants can argue that the plaintiff’s claim has no foundation or that
the plaintiff hasn’t met the liability criteria. They can also use these defenses:
○
Assumption of Risk
: The user knew the risk and accepted it willingly
○
Product Misuse
: The user used the product in an unforeseeable way
○
Comparative Negligence
: Liability can be shared between the plaintiff and defendant if the plaintiff’s misuse contributed to the risk
○
Commonly Known Dangers
: If a danger is widely recognized, like using a sharp knife, the defendant isn’t liable Self-Check
1.
__________________ A defense to product liability that states the user or consumer knew of and voluntarily assumed the risk of harm
a. Misrepresentation
b.
Assumption of Risk
c.
Comparative Negligence and Liability
2.
__________________ Using a sharp knife is an example of this defense to product liability
a.
Commonly Known Dangers
b.
Strict Product Liability
c. Negligence
3.
__________________ An injured person can sue under the theory that a seller misrepresented the quality, nature, or appropriate use of the product, and the user is injured as a result
a.
Strict Product Liability
b.
Assumption of Risk
c.
Misrepresentation
4.
__________________ A liability that reflects the general principle that the law should protect consumers from unsafe and dangerous products
a.
Assumption of Risk
b.
Strict Product Liability
c. Misrepresentation
5.
__________________ A defense to product liability that states the liability may be distributed between the plaintiff and the defendant if the plaintiff’s misuse of the product contributed to the risk of injury
a.
Comparative Negligence and Liability b.
Assumption of Risk
c. Misrepresentation
6.
__________________ A defense to product liability when a user or consumer misuses a product in a way that the manufacturer couldn’t have foreseen
a.
Product Misuse
b. Negligence
c.
Strict Product Liability
7.
__________________ An injured person can sue under the theory that the product manufacturer didn’t use due care in designing products; selecting materials; producing, assembling, and testing products; and placing adequate warnings on labels or products
a.
Product Misuse
b.
Negligence
c.
Commonly Known Dangers
Review
●
Advocacy is the process of trying to influence or change others’ actions
●
Informal advocacy happens outside of court for unresolved disputes
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In some agencies, paralegals can represent client at administrative hearings
●
A tort is a negligent or intentional act causing injury
●
Tort law deals with rights, obligations, and remedies for those harmed by wrongful acts, classified as intentional, negligence, or strict liability
FAQs
1.
What are the three basic classifications of torts?
a.
(1) Intentional Torts
b.
(2) Negligence
c.
(3) Strict Liability
2.
What are the three basic elements of negligence?
a.
(1) A legal duty of care exists
b.
(2) The defendant breached that duty
c.
(3) The breach directly caused damage or injury to another
3.
What is an intentional tort?
a.
It’s a legal wrong that was committed intentionally rather than by accident or through carelessness
4.
What is a cyber tort?
a.
Cyber torts are torts that are done in cyberspace, such as online defamation. As you’ve likely noticed in the news, cyber torts are on the rise and have serious effects on individuals and society. They present special issues of proof. Federal and state statutes may also apply to certain forms of cyber torts
5.
How does formal advocacy differ from informal advocacy?
a.
Informal advocacy can take place anywhere in any situation, anytime. It can involve a long, drawn-out series of arguments, or it can be resolved very quickly. Formal advocacy takes place in a court-like setting and requires a more formal, court-like approach
6.
What are the techniques of informal advocacy?
a.
Put your cards on the table
b.
Ask for authorization
c.
Insist on common sense
d.
Cite a precedent
e.
Uncover the realm of discretion. Cite the law f.
Do a favor to get a favor. Preach
g.
Demonstrate anger and hostility
h.
Make clear that you and your office are going to fight this case all the way up
i.
Insist on adequate service
j.
Climb the chain of command
k.
Find the points of compromise
l.
Demonstrate the exception
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m. Be a buddy
n.
Redefine the problem
o.
Seek the support of third parties
p.
Embarrass the official
q.
Take the role of the tired, battered, helpless citizen 7.
What are the 10 components of procedural due process?
a. Notice
b.
Examination of evidence
c. Hearing
d.
Hearing officer free of bias
e.
Confrontation and cross-examination
f.
Legal representation
g.
Relevancy of evidence Presentation of own witnesses
h.
Written decision with reasons
i.
Appeal