Torts Overview
Torts are civil wrongs that cause injury to another person or their property. Tort law is designed to compensate victims for their losses and to deter others from committing similar acts.
Negligence-Duty
In order to be found negligent, a defendant must have a duty to the plaintiff. This duty can be created by law or by contract. For example, a driver has a duty to use reasonable care when operating their vehicle.
Negligence-Breach
Once a duty is established, the defendant must have breached that duty by failing to act as a reasonable person would have acted in the same situation. This means that the defendant must have been careless or reckless.
Causation-Actual Cause
In order to be found liable for a tort, the defendant’s negligence must have been the actual cause of the plaintiff’s injuries. This means that the plaintiff’s injuries must have been the direct result of the defendant’s negligence.
Causation-Proximate Cause
Even if the defendant’s negligence was the actual cause of the plaintiff’s injuries, the defendant may not be liable if the injuries were not reasonably foreseeable. This is known as the doctrine of proximate cause.
Damages
If a defendant is found liable for a tort, the plaintiff may be awarded damages. Damages are intended to compensate the plaintiff for their losses, such as medical expenses, lost wages, and pain and suffering.
The Palsgraf Case
The Palsgraf case is a famous tort case that established the doctrine of proximate cause. In Palsgraf, a railroad employee negligently threw a large package onto a platform. The package hit a scale, causing it to vibrate. The vibration caused a large object to fall from a shelf and injure a woman who was standing on the platform. The court held that the railroad was not liable for the woman’s injuries because the injuries were not reasonably foreseeable.
A Negligence Case That Occurred in Your State
In Ohio, a recent negligence case involved a woman who was injured when she was hit by a falling tree branch. The woman sued the property owner, alleging that the owner had been negligent in failing to trim the tree branches. The court found in favor of the woman, and she was awarded damages.
Torts Caps-Should There Be Caps?
There is a debate about whether there should be caps on the amount of damages that can be awarded in tort cases. Some people argue that caps are necessary to protect businesses from excessive liability. Others argue that caps deny victims the full compensation they deserve.
Negligence Scenario
A negligence scenario could involve a driver who is texting while driving and runs a red light, hitting another car. The driver of the other car is injured and sues the texting driver for negligence. The driver of the other car would need to prove that the texting driver had a duty to them, that the driver breached that duty by texting while driving, that the driver’s negligence was the actual cause of the injuries, and that the injuries were reasonably foreseeable. If the driver of the other car can prove all of these things, they may be awarded damages.
References
The Restatement (Second) of Torts
Palsgraf v. Long Island Railroad Co., 248 N.Y. 339 (1928)
Ohio Revised Code § 2307.21
