Torts Flashcards
Does OK recognize the tort of IIED (“outrage”)?
Yes.
Oklahoma recognizes the tort of intentional infliction of emotional distress.
*Oklahoma does not recognize a separate cause of action for negligent infliction of emotional distress, although emotional distress suffered as a result of a defendant’s negligence may give rise to additional damages in other actions.
In OK, a defendant who intentionally or recklessly causes physical injury to a third person may be liable to plaintiff for IIED if the plaintiff:
- Was directly physically involved in the accident,
- Suffered damages from actually viewing the third person’s injury rather than learning about it later, and
- Had a family or close personal relationship to the third person.
OK IIED:
Causation in Bystander Cases
A defendant who intentionally or recklessly causes physical injury to a third person may be liable to plaintiff for IIED if the plaintiff:
- Was directly physically involved in the accident,
- Suffered damages from actually viewing the third person’s injury rather than learning about it later, and
- Had a family or close personal relationship to the third person.
OK Defense of Others
Despite some language to the contrary in recent cases, Oklahoma appears to follow the minority approach, requiring that the actor be correct in his belief that the person aided would have the right of self-defense; i.e., reasonable mistake is no defense.
OK Privilege of Arrest - Shoplifting Detentions
Under Oklahoma law, a merchant who has reasonable grounds to suspect a person of shoplifting may detain that person in a reasonable manner for a reasonable period of time in order to conduct a reasonable investigation or to inform the police.
The merchant may conduct a reasonable search of the suspect if merchandise may otherwise be lost.
OK requires proof of what in all defamation cases?
Falsity & Fault
OK Publication of Defamatory Statements in Corporation
In Oklahoma, the making of defamatory statements among a corporation’s officers, employees and agents does not constitute publication of those statements.
As such, if the only communication of defamatory statements has occurred within a corporation, a plaintiff cannot establish the elements of defamation.
Standards in OK Defamation Cases
Oklahoma applies a negligence standard to all private plaintiff defamation actions, regardless of whether they are matters of public or private concern.
The standard of actual malice is applied to defamation actions brought by public officials or public figures.
Damages in OK Libel Cases
OK requires special damages for libel that is not defamatory on its face.
In OK, to recover for malicious interference with contract or business relations, the plaintiff must prove that:
- He had a business or contractual right with which there was interference,
- The interference was malicious and wrongful, and was neither justifies, privileged, nor excusable, and
- The interference was the proximate cause of damage.
In Oklahoma, the tort of interference with business relations requires that the defendant’s interference be _____ & _____, and that the interference was neither justified, privileged nor excused.
Malicious & Wrongful
Spoliation of Evidence
Spoiliation of evidence is the destruction or material alteration of evidence, or the failure to preserve property for another’s use as evidence in a pending or reasonably foreseeable litigation.
While a plaintiff may pursue sanctions against a defendant for breaching the duty to preserve evidence, most states, including OK, do not recognize spoliation as an independent tort.
OK Duty of Care Standard for Physicians
Oklahoma applies a national standard of care to physicians in negligence actions.
It is the level of care that reasonably competent physicians throughout the country, practicing in the same area of medicine, would use under the circumstances.
Negligence of Children in OK
Children under the age of 7 are generally deemed incapable of negligence for purposes of Oklahoma tort law.
OK Duty Owed to Users of Recreational Land
In Oklahoma, an owner of land who holds the land open to the public for recreational purposes at no cost owes no duty of care to keep it safe, or to warn of hazardous conditions.
However, this rule does not apply if the owner charges for use of the property.
OK Duty Regarding Negligent Infliction of Emotional Distress
Oklahoma does not recognize a separate cause of action for negligent infliction of emotional distress.
However, a victim who was “directly involved” in an accident can recover damages for the emotional distress of seeing another victim injured or killed, as long as a familial or close personal relationship existed between the 2 victims.
*Same requirements as in bystander recovery for IIED.
Punitive damages may be awarded in Oklahoma tort actions.
The decision of the amount of damages to award is based on a number of factors, including:
- The seriousness of the hazard created by the defendant’s misconduct
- The financial wealth of the defendant
- The profitability of the misconduct
- The duration of the misconduct
- The degree of the defendant’s awareness of the hazard
- The attitude of the defendant upon discovery of the hazard
- The number and level of employees involved (if a corporation or other entity).
Punitive Damages Awards in OK
- Where a defendant acts with reckless disregard, causing injury to the plaintiff, punitive damages in an Oklahoma tort action may not exceed $100,000 or actual damages awarded, whichever is greater.
- If the defendant acted intentionally and with malice, such damages are limited to the greater of twice the amount of actual damages or $500,000, or the financial benefit the defendant derived from his conduct.
*No limitations apply under 2 if the court also determines separately and beyond a reasonable doubt that the defendant acted intentionally and with malice and engaged in conduct life-threatening to humans.
OK Comparative Negligence
OK follows the “no more serious than” theory of comparative negligence; i.e., if the plaintiff is 50% at fault and the defendant is 50% at fault, the plaintiff may still recover 50% of his damages from the defendant. If the plaintiff is 51% at fault, he cannot recover.
If the plaintiff’s negligence was more serious than the defendant’s, the plaintiff is barred from recovering against the defendant.
