Chapter 11 Civil Liability

Question 1

Why does the Tort System exist? (Three Theories)

Answer 1

1) Control and Shape Conduct. 2) To Take care of the injured and the disabled. 3) To achieve justice.

Question 2

Control and Shape Conduct

Answer 2

Without some sort of penalty for causing injuries, people would have no incentive to be careful.

Question 3

To Take Care of the Injured and Disabled

Answer 3

Extension of a communal moral duty and use of insurance to spread the burden.

Question 4

To Achieve Justice

Answer 4

You get it.

Question 5

Three Considerations that support the Civil Justice System to advance Tort Law

Answer 5

1) Implemented by Private Citizens 2) General law applied to Specific facts 3) Links Deterrence with Compensation and Places Burden on Wrongdoer!

Question 6

Does the System Work?

Answer 6

System is only as good as the amount of attention it receives from the people to follow it. The law works by sending messages. Some actors in the system try to play the system, rather than letting it work as it should.

Question 7

McDonald’s Coffee Case

Answer 7

This is a success story. Media misrepresentation of this case. $2.9 M “jury award” was actually a $640,000 judgment ($160,000 compensatory & $480,000 punitive)-actually rather modest for the extent of the injuries and the degree of culpability. The case settled for around $500,000.

Question 8

Frivolous Lawsuits

Answer 8

Yes these cases exist. Common law evolves on case by case basis, so all cases will contribute to this with influence by public policy and general legal theories.
Brown v. Board of Education was considered by many to be a “frivolous” lawsuit - it was brought despite the existence of strong legal precedent against it.

Question 9

Frivolous Lawsuits (cont.)

Answer 9

Anyone may file suit! Access to the legal system to seek redress in the face of perceived civil wrongs is the cornerstone of a civilized society? Think about the Fear Factor lawsuit.

Question 10

Fear Factor Lawsuit

Answer 10

Here was a hand written complaint by the plaintiff that was filed in court. Anyone can file a claim. The claim was dismissed immediately. It was dismissed by lawyers (would not take this case) and the judge who did not believe the case had the facts and background to be presented in court. These two obstacles are what (rejects) happens to frivolous lawsuits!

Question 11

Businesses going Bankrupt?

Answer 11

If they make products that injure people or they conduct themselves so as to place profits before safety-They are supposed to go bankrupt! “Be afraid of being sued!”

Question 12

Accidents?

Answer 12

Injuries are nearly always the result of someone’s negligence. Accidents still require responsibility.

Question 13

Proposed Reforms to Civil Liability (Three)

Answer 13

1) Caps on awards. 2) Immunity for industries. 3) Statutes of recourse.
Problem with these reforms are the fact that these limit economic things after someone has already committed a wrong.

Question 14

Caps on Awards

Answer 14

Proposed caps on “non-economic damages”.

Pain and suffering, permanent disfigurement, loss of enjoyment of life, etc.

Question 15

Immunity for Industries

Answer 15

Immunizes potential and admitted wrongdoers; removes any incentive to be safe; stifles creativity. (The pool drain example)

Question 16

Statutes of Recourse

Answer 16

Bars lawsuits for admittedly defective products.