PI + Civil Damages Flashcards
What is a tort?
The event(s) that give rise to a lawsuit. a civil wrong for which the law provides a remedy. Involves a breach of duty that the law imposes on persons who stand in particular relation to one another.
What are 2 common referral q’s for cases involving cognitive injuries or emotional harm?
1) whether the plaintiff was harmed by the acts of the defendant
2) If harmed, what type and degree of harm did they suffer?
What is the purpose of torts?
Society decided the vics need to be compensated, and that harmful behavior needs to be discouraged.
What are 3 types of relief typically sought in civil lawsuits?
Monetary damages for harm suffered, injunction (prevents def from doing sthg), and specific performance (Gets the def to do sthg they were supposed to)
Why is Mitchell v. Rochester Railway Co (1986) historically important in personal injury?
The court rejected the notion that one can sustain an emotional injury without physical injury. If distress alone was recognized, then people would feign emotional injury.
What legal principle has been used in creating laws about PI?
Stare decisis.
When did courts begin to allow for emotional damages?
When the plaintiff was the victim of intentional torts (E.g., assault, battery, false imprisonment).
- Note: plaintiffs had to prove the physical manifestation of emotional injury (e.g., headaches, nausea, shocks to the nervous system)
- second half of 20th c is when we start to see emotional damages obtained in the absence of physical injury.
What is “cause of action” in PI?
Encompasses the elements for one of the various torts that are necessary for the legal theory of the lawsuit. A plaintiff must present a case that prima facie/on its face demonstrates wrongdoing.
Like a probable cause affidavit for PI
If the plaintiff is successful at trial, they are entitled to a judgment of WHAT?
Liability = the state of being legally accountable or responsible to another. This allows one to get damages.
What are the two elements of burden of proof?
1) Burden of production (plaintiff/the party that has to prove what is being alleged)
2) Burden of persuasion (the amount of evidence needed to meet their burden of production, whether it be preponderance, C&C, BARD)
What is the “eggshell-skull” concept in PI, and what case law talks about this?
Egg-shell plaintiffs are people who claim disproportionate damages due to an emotional injury. Canterbury v. Spence (also came up in informed consent section) says “take the victim as he finds him” even if it seems disproportionate.
Psychologist needs to determine if injuries were disproportionate yet real, and to what degree was the plaintiff already damaged before the tort.
What are the 6 types of torts?
PINS DV
Privacy torts Intentional Negligence Strict liability Defamation Vicarious liability
What are intentional torts?
Requires general or specific intent by the tortfeasor. If the plaintiff can prove the required level of intent, they receive damages. Must prove: (1) defendant engaged in a volitional act, (2) the tortfeasor specifically intended to cause the injury or they acted with substantial certainty of the consequences, (3) the conduct was a substantial factor in bringing about the injury.
What are defamation torts?
Claims of harm to potentially both economic and dignitary interests that can impact the plaintiff’s emotional functioning. Libel = written defamation. Slander = spoken defamation.
What are the elements of defamation cases?
1) False, factual, defamatory utterance
2) about the plaintiff
3) transmitted in some form to a 3rd person
4) resulting in damage to the plaintiff’s reputation
What are the 4 types of privacy torts?
1) Appropriation - def made unauthorized use of the plaintiff’’s picture for commercial advantage
2) intrusion - a highly offensive intrusion into plaintiff’s life
3) false light - misattribute views plaintiff doesn’t hold or actions that would be objectionable to a reasonable person
4) public disclosure of private facts - public retaliation of a person’s private life when there is no legit purpose.
What is strict liability?
Liability w/o fault. Defendant is responsible for damages as they engaged in an act so inherently dangerous that they did so at their own risk (e.g., own wild animals, possess explosives/poison). Plaintiff need not prove the def acted unreasonably, but just show injury from the conduct.
What is negligence?
No allegation of intent, but instead a failure to act in a way that a reasonable person would have acted. Main way in which PI, malpractice, and other emotional damage claims are brought to the court.
What are the four elements of torts in general?
1) Duty - def had duty to conform to specific standard of conduct in protecting others from unreasonable risk of injury
2) Breach - Breached the duty to act reasonably by action or failure to act (e.g., broke the law or did not secure safety belt on rollercoaster)
3) Cause - breach of duty was both the actual (but for test) and proximate cause (foreseeable cause) of injury
4) Damage - plaintiff suffered injury to property damage
Violation of duty can be intentional, negligent, or neither (strict liability)
What are the components of duty?
1) Created by relationship or status, either to a specific person or society
2) Requires foreseeability, that a reasonable person could have predicted the outcome
3) Standard of care - must be est to show there was a departure from what a reasonable person would have/should have done.
What is vicarious liability?
Imposed on a party for a tortious act committed by another (e.g., employers or superiors are liable for the negligent actions of their employers if acts within scope of employment/supervisory rel(.
Intentional torts not attributable to employers, as it’s not within scope of job.
AKA respondeat superior.
What is negligent infliction of emotional distress?
- Negligence only, no intent or recklessness.
- Elements (duty, breach, cause, damage) same.
- Duty is breached when the def creates a foreseeable risk of physical injury to the plaintiff through physical impact of threat.
- Plaintiff must be in zone of danger created by negligent conduct
What is intentional infliction of emotional distress?
Only tort w/o physical manifestation/injury.
(1)An act by the def amounting to extreme and outrageous conduct (violates sense of decency, shocks the conscience), (2) intent or recklessness, (3) causation, (4) damage of severe emotional distress.
Mitchell v. Rochester Railway Co (1896)
A plaintiff was frightened by a horse-drawn car that suddenly turned toward her, and she miscarried. Medical testimony said severe distress could cause this. Court denied liability and judgment bc the only harm was emotional; it was concerned that distress could be malingered if physical injury was absent.
