Download Tort Law: A Comprehensive Guide to Negligence, Strict Liability, and Other Torts - Prof. A and more Lecture notes Law of Torts in PDF only on Docsity!
LAW OF TORTS
I. Definition and Types of Torts
1. Mini-presentations
Group 1 – Torts Tort is conduct that harms other people or their property. It is a private wrong against a person for which the injured person may recover damages, i.e. monetary compensation. The injured party may sue the wrongdoer (tortfeasor) to recover damages to compensate for the harm or loss incurred. The conduct that is a tort may also be a crime. Some torts require intent before there will be liability and some torts require no intent. In other words, in some cases, there is liability for a tort even though the person committing the tort did not have any intent to do wrong. Types of Torts There are basically three types of torts: intentional torts , torts based on negligence and strict liability torts. An intentional tort is a civil wrong that occurs when the wrongdoer engages in intentional conduct that results in damage to another. Striking another person in a fight is an intentional act that would be the tort of battery. Striking a person accidentally would not be an intentional tort since there was not intent to strike the person. This may, however, be a negligent act. Careless conduct that results in damage to another is negligence. The intent element of these torts is satisfied when the tortfeasor acts with the desire to bring about harmful consequences and is substantially certain that such consequences will follow. Mere reckless behavior, sometimes called willful and wanton behavior, does not give rise to the level of an intentional tort. If a person commits an intentional tort, this means that he intentionally violated a legal duty he owed to the victim. This is different from a negligent tort, in which the tortfeasor violated the duty that every member of society has to exercise reasonable care in their actions with others. The distinction between an intentional tort and a negligent tort is important for several reasons. First, if an individual wants to sue for an intentional tort, he must prove that the tortfeasor acted with "intent." This is a separate legal requirement that the plaintiff must fulfil, in addition to proving all the other facts of the case and proving actual damage. Strict liability, sometimes called absolute liability, is the legal responsibility for damage, or injury, even if the person found strictly liable was not at fault or negligent – the injured party is not required to prove fault – liability is strict. An example of strict liability is injury caused by wild animals in the care of the tortfeasor; because the tortfeasor owns tigers, the tortfeasor is responsible for any injury, without the need for the injured party to prove negligence.
Differences between Crimes and Torts A crime is a wrong arising from a violation of a public duty. A tort is a wrong arising from the violation of a private duty. Again, however, a crime can also constitute a tort. For example, assault is a tort, but it is also a crime. A person who is assaulted may bring criminal charges against the assailant and may also sue the assailant for damages under tort law. An employee’s theft of his
employer’s property that was entrusted to the employee constitutes the crime of embezzlement as well as the tort of conversion. The police may prosecute a crime, and the offender is imprisoned, but this does not compensate the injured party; to obtain compensation the injured party will need to bring a claim in tort law.
Group 2 – Main types of torts: trespass and false imprisonment
Trespass
A trespass is an unauthorized action with respect to a person or property. A trespass to the person consists of any contact with someone’s person for which consent was not given. This is technically described as a battery. An assault would be a situation where a plaintiff reasonably believed a battery upon his person was about to be committed. An example of an assault would be where one person swings his fist at another person. If the person made contact, this would be an assault and battery. A defense to assault and battery would be in cases of self-defense.
A trespass to land involves going on or above the property of another without permission. A trespass can also involve the unpermitted use of the airspace of another’s property as well as actually going on the actual property. However, this rule has been modified to allow the flight of aircraft above the land as long as it does not interfere with the proper use of the land.
A trespass to personal property is the use of someone’s property without the person’s permission. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. The concept is based on the tortfeasor converting something to their own use. It also requires an intention to deprive the true owner of their ownership – so if you put a mobile in your pocket thinking it was yours it would not be conversion.
False Imprisonment False imprisonment involves detaining a person without that person’s consent. It can take the extreme form of kidnapping or the less extreme form of detaining a shopper for suspected shoplifting without reasonable grounds. A defense to false imprisonment would be consent of the detainee, or if a store owner had reasonable grounds to believe that the detainee was guilty of shoplifting (shopkeeper’s privilege). This privilege allows a store owner (or his employee) to detain a suspected shoplifter based on reasonable suspicion for a reasonable time.
A customer was shopping at the handbag counter of the defendant’s store. She did not make any purchase and left the store. When she was a few feet outside the store, an employee of the store tapped her lightly on the shoulder to attract her attention and asked her if she had made any purchase. When she inquired why, the employee asked, “What about that bag in your hand?” The customer said that it belonged to her and she opened it to show by its contents that it was not a new bag. The employee gave the customer a “real dirty look” and went back into the store without saying a word. The customer then sued the store for false imprisonment. Was the store liable? No.
may also recover non-economic losses such as for pain and suffering. The former are claimed on a normal accounting basis, and the latter are at the discretion of the judge.
Malpractice Malpractice is a failure by a physician or other professional to use the skill and care that other members of their profession would use under similar circumstances. When an accountant, doctor, attorney, or some other professional contracts to perform services, there is a duty to exercise skill and care as is common within the community for persons performing similar services. Failure to fulfil that duty is malpractice.
Group 4 – Nuisance Nuisance is a civil wrong, consisting of anything wrongfully done or permitted that interferes with or annoys others in the enjoyment of their legal rights. It is anything that annoys or disturbs the free use of one’s property or that renders its ordinary use or physical occupation uncomfortable. A nuisance is anything that interferes with the rights of citizens, the enjoyment of their property, or their comfort. It is to be noted that an unreasonable interference with another person’s use and enjoyment of his/her property is determined by the injury caused by the condition and is not determined by the conduct of the party creating the condition.
A nuisance is differentiated from a trespass to land. A trespass is an invasion of a person’s interest in the exclusive possession of their land, whereas a nuisance is an interference with the use and enjoyment of the land and does not require interference with the possession. A person injured by a nuisance can recover damages in an action at law for tort. Similarly, damages can also be recovered for injury resulting from the legal use of a property, if such use substantially damages the property of another. Nuisances are divided into different subheads such as nuisances per se, public or common nuisances, private nuisances, etc.
A public nuisance exists when an act or condition is subversive of public order or constitutes an obstruction of public rights. In other words, a public nuisance involves an unreasonable interference with a right common to the general public. In order to constitute a public nuisance, it is not necessary that it affects the whole community. It is a public nuisance if the injury or annoyance affects the people of a local neighborhood. Public nuisances always arise out of unlawful acts. Therefore, acts that are lawful or authorized by a valid statute, or which the public convenience demands, cannot be a public nuisance.
A public nuisance can constitute either a crime or may be the subject of a civil action by public officials or private individuals. At common law, the term “public nuisance” covers a variety of minor criminal offenses that interfer, for example, with the public health, safety, morals, peace, or convenience. Public nuisances include for example, a manufacturer who has polluted a stream and might be fined
and be ordered to pay the cost of cleanup. Public safety nuisances include shooting fireworks in the streets or storing explosives.
A private nuisance is a civil wrong that affects a single individual or a definite number of persons in the enjoyment of some private right which is not common to the public. In other words, a private nuisance is a substantial and unreasonable interference with the private use and enjoyment of one’s land. Examples include interference with the physical condition of the land, disturbing the comfort of its occupants, or threatening injury or disturbance in the future.
Nuisances that interfere with the physical condition of the land include vibration or blasting that damages a house; destruction of crops; raising of a water table; or the pollution of soil, a stream, or an underground water supply. Examples of nuisances interfering with the comfort, convenience, or health of an occupant are foul odors, noxious gases, smoke, dust, loud noises, excessive light, or high temperatures, e.g. a landowner burning plastic and old tyres so that the smell and smoke affect his neighbours.
Group 5 - Defamation
Defamation is the communication of a false statement that harms the reputation of an individual. The law of defamation protects a person’s reputation and good name against communications that are false and derogatory. Defamation consists of two torts: libel and slander. Libel consists of any defamation that can be seen, most typically in writing. Slander is a form of defamation that consists of making false oral statements about a person which would damage that person’s reputation. If I spread a rumor that my neighbor has been in jail and this is not true, I could be held liable for slander.
A person is liable for the defamation of another. In order to prove defamation, the plaintiff must prove: ● that a statement was made about the plaintiff’s reputation, honesty or integrity that is not true; ● there was publication to a third party (i.e., another person hears or reads the statement); and ● the plaintiff suffers damage as a result of the statement.
Public figures have a more difficult time proving defamation. Politicians or celebrities are understood to take some risk in being in the public eye and many of them profit by their public persona. A celebrity must prove that the party defaming them knew the statements were false, made them with actual malice (intent to harm), or was negligent in saying or writing them. Proving these elements can be an uphill battle. However, an outrageously inaccurate statement that’s harmful to one’s career can be grounds for a successful defamation suit, even if the subject is famous. For example, some celebrities have won suits against tabloids for false statements regarding their ability to work, such as an inaccurate statement that the star had a drinking problem.
Another important aspect of defamation is the difference between fact and opinion. Statements
sued the corporation for damages. The corporation raised the defense that the owner was suing for tort damages and that such damages could not be imposed because the corporation had been free from fault. Was this defense valid? No. While ordinarily fault is the basis of tort liability, there are cases in which absolute liability is imposed on the actor. This means that when harm is caused, it is no defense that none was intended or that due care had been exercised to prevent the harm.
Other examples of absolute liability situations would be harm caused by storage of flammable gas and explosives, factories which produce dangerous fumes or smoke in populated areas, and the production of nuclear material.
Vicarious Liability Vicarious liability is the responsibility of the superior for the acts of their subordinate. It is the responsibility of a third party who has the right, ability or duty to control the activities of a violator. Typically liability flows from the relationship of master and servant. The relationship includes the power to direct the servant in the execution of the duties of his/her employment, and to control the acts that no injury is done to third persons.
An employer can be held vicariously liable for an employee’s tortious act against the person or property of a third party in a transaction of the employer’s business. If a negligent act is committed by an employee acting within the general scope of her or his employment, the employer will be held liable for damages. For example, if the driver of a gasoline delivery truck runs a red light on the way to a gas station and strikes another car, causing injury, the gasoline delivery company will be responsible for the damage if the driver is found to be negligent.
Based on: www.uslegal. com Souce: http://en.wikipedia.org/wiki/, http://legal-dictionary.thefreedictionary.com/
Torts – Summary
Fill in the missing information in the summary below.
Tort is a civil wrong for which the injured party may recover damages. The adjective of the word “tort” is tortious.
Types of torts
intentional negligent strict liability
A person committing a tort is called a tortfeasor.
A trespass is an unlawful (protiprávní) act causing injury to the person, property, or rights of another.
Trespass to the person may take two forms: ● assault (hurting the person) ● battery (making the person believe that he/she will be hurt).
Trespass to _land _ means going on private property of another without his/her consent (souhlas). Even if the trespass is committed by mistake the person is liable (odpovědný) for damages.
Conversion is the civil side of the crime theft – personal property is taken by the defendant without owner´s permission.
False imprisonment occurs when a person is detained without his/her consent.
Negligence is a failure (“selhání”) to follow the degree of care that is owed to the plaintiff.
The elements required for negligence are: ● The duty of care existed ● The duty was breached ● The harm was caused by the wrongful act
Negligence committed by a professional (doctor, attorney) is called malpractice.
Nuisance is anything that interferes (zasahuje) with the rights of a citizen.
Nuisance can be ● public (unreasonable interference affecting the community) Example: polluted stream, fireworks, etc. ● private (civil wrong affecting an individual) Example: smoke, noise, light, etc.
Defamation is a statement that is false (not true) and harms the reputation of an individual.
Defamation may take two forms ● libel - in writing ● slander - in speaking
Statements of opinions are not actionable (žalovatelné) as opposed to statements of facts.
Liabilities
Strict or absolute liability is responsibility for injury even if the person is not at fault.
Responsibility of the employer for the acts of their employees is called vicarious liability.
Created by the team of authors.
TORTS
discrimination, harassment, and
accidents. Employers are
responsible for their employees'
negligence.
The Judge ruled for _the plaintiff (Court finds a reasonable suit here.)___________.
Clip 4
Pre-watching
What is the opening statement and what is its aim?
● The opening statement is generally constructed to serve as a "road map" for
the fact-finder. This is especially essential, in many jury trials, since jurors (at
least theoretically) know nothing at all about the case before the trial, (or if
they do, they are strictly instructed by the judge to put preconceived notions
aside). Though such statements may be dramatic and vivid, they must be
limited to the evidence reasonably expected to be presented during the trial.
http://en.wikipedia.org/wiki/Opening_statement
● Appeal to emotions, persuade the jury.
On a piece of paper, write an argument you would use in the opening statement
if you were in Tony’s shoes. Appeal to emotions!
What does it mean to “take the fifth” and when can it be used?
● refuse to testify by invoking the Fifth Amendment, which states that nobody may be
forced to testify as a witness against himself or herself
Take notes listing the development of the case:
● Mike was made to admit that unless Mr. Benghazi made up for that lost time,
they were going to be late for that meeting.
● Harvey made Tony admit that he only had seven minutes to get downtown in
rush hour traffic, accused him of using the accident to paint him and Ray
Benghazi as a couple of scapegoats and finally made him admit the light was
yellow.
● In a sidebar conference the case was settled. What were the conditions of the
settlement?
● Tony pays nothing, takes responsibility for the accident, and his insurance
company makes Ray whole. In return, Harvey waives his right to collect legal
fees.
Source: Suits - Bail Out, Season 1, Episode 5
Tasks created by the team of authors.
I. Lawyer – Client Interview
1. Interviewing and advising - interview structure The list below covers some major language functions a lawyer might perform when interviewing a client. For each function, language suggestions are given. Complete the gaps 1-15 with suitable functions A-O.
OPENING ● Greeting the client, preliminary small talk
- O I hope you had no trouble finding our office. ● getting an overview of the case, explaining circumstances and structure of the interview
- E. Let me assure you that everything you tell me today will be held in strict confidence.
- J. I understand that you would like some advice on your employment situation.
LISTENING AND QUESTIONING ● listening actively to establish facts of events, checking for understanding
- I. Mmm…I see.
- K. OK, we’ve identified three issues which we need to focus on. These are…Is that how you see it? ● identifying aims of the client
- H. What would be an ideal outcome for you?
- L. Perhaps you could let me know what your priorities are in this matter.
SUMMARIZING ● summarizing the client’s concerns and goals
- G. If I understand you correctly, you’re saying that …
- M. Allow me to summarize what you’ve said. ● seeking further information from the client
- F. I need to know more about…
ADVISING ● giving a brief outline of the relevant law and applying the law to the client’s problem
- N. The legal position is as follows…
- P. I am sorry to inform you that there is no legal ground for this claim.
● outlining available options, helping the client reach a decision if appropriate
- D. I have to warn you that proving that …will be extremely difficult.
- A. You have two or three options here. The first... the second... and the third is to....
CONCLUDING ● describing the follow-up action to be taken by lawyer and by client
- C. Let me go through the file and read through the contract. Then I’ll prepare the complaint. ● concluding the interview appropriately
- B. Thanks for coming in to see us today. Don’t hesitate to phone or send me an email if you have any questions.
A. You have two or three options here. The first... the second... and the third is to....
B. Thanks for coming in to see us today. Don’t hesitate to phone or send me an email if you have any questions.
C. Let me go through the file and read through the contract. Then I’ll prepare the complaint.
might occur. This information is also written on a notice hanging in the lobby.
You’ve come to see a lawyer in Brno for advice. You want to know if the hotel should compensate you for the loss incurred.
Ask your lawyer for clarification of your legal position.
You are free to make up any other details in response to your lawyer´s questions.
osoba, která ubytovaného z jeho vůle provází, povinnosti k náhradě škody se zprostí. K ujednáním o jiných důvodech zproštění se nepřihlíží.
● greet the client, make him feel relaxed ● listen actively to your client, sum up the main points ● explain the relevant legislation and how it relates to your client´s case ● give advice and suggest further steps ● ask if the client agrees, or if he has any further suggestions ● thank for coming, repeat what you’re going to do and say goodbye
Case 2 – Missing Tablet in a Hotel Lobby
CLIENT
You’re Mrs. Helen Smith from New York visiting Ostrava.
You are staying in a luxury hotel in the centre of the town. Last night you had a drink with your business partner in the lobby of your hotel. She wanted to see the photos of your prize winning Yorkshire terriers. You happily obliged and she was impressed. Unfortunately, once you showed the pictures, you put the tablet on the next seat and forgot to take it when you left. When you remembered and came to fetch it the next morning, it was gone. You reported the fact to the hotel receptionist. The hotel manager informed you that the tablet was not found and the hotel is not liable for your loss.
You realized that you had signed an accommodation contract containing the clause that the hotel was not liable for any loss that might occur. This information is also written on a notice hanging in the lobby.
You’ve come to see a lawyer in Ostrava for advice. You want to know if the hotel should compensate you for the loss incurred.
Ask your lawyer for clarification of your legal position.
LAWYER in Ostrava
A new client, Mrs. Helen Smith from New York, has made an appointment to discuss whether the hotel she was staying in is liable for a loss that occurred during her stay. The law to be applied: § 433 Czech Civil Code § 2946 NOZ
(1) Kdo provozuje pravidelně ubytovací služby, nahradí škodu na věci, kterou ubytovaný vnesl do prostor vyhrazených k ubytování nebo k uložení věcí, popřípadě na věci, která tam byla pro ubytovaného vnesena. To platí i tehdy, byla- li věc za tím účelem ubytovatelem převzata.
(2) Prokáže-li ubytovatel, že by ke škodě došlo i jinak, nebo že škodu způsobil ubytovaný nebo osoba, která ubytovaného z jeho vůle provází, povinnosti k náhradě škody se zprostí. K ujednáním o jiných důvodech zproštění se nepřihlíží.
● greet the client, make her feel relaxed ● listen actively to your client, sum up the main points ● explain the relevant legislation and how it relates to your client´s case ● give advice and suggest further steps ● ask if the client agrees, or if she has any further suggestions
You are free to make up any other details in response to your lawyer´s questions.
● thank for coming, repeat what you’re going to do and say goodbye
Created by the team of authors.
III. TORTS – CASE STUDIES
1. Case Study 1. You work as a student assistant for the Legal Advice Centre, offering free advice to ordinary people. It´s a good practice and it will look great on your CV. Watch the recording and recall the structure of the lawyer-client interview we worked on last lesson. 2. Now, it´s your turn. The name of your client is Bert Simpson. Read the facts of his case and in pairs, try to identify the key legal issues. What tort is involved?
Groovy Clothing Stores were recently renovated and held an opening sale in their modernised premises. A huge crowd of shoppers entered the store (including Bert). Bert decided to go to the menswear department on the second floor and climbed the stairs with dozens of keen shoppers. Unfortunately, the stairs were unable to take the weight of so many shoppers and one of the stairs gave way. Bert fell three metres and suffered extensive injuries. He will be in hospital for the next six months.
- In groups, analyze the case with the help of the questions below and fill in the table.
- Was there a duty of care (by whom and to whom)?
- What was the standard of that duty of care? Was the duty of care breached?
- If there was a breach, was the damage associated with that breach?
- Defences, i.e. did the plaintiff contribute to the breach?
Issues to be identified Was a duty of care owed? Occupiers owe a duty of care to entrants because of their control over the premises.
GC is an occupier of premises and thus owes a duty of care to those coming on to the premises What was the standard of that duty of care?
Was it breached?
The standard that is a reasonable, ordinary and prudent person in the circumstances of the occupier.
Did GC act as a reasonable occupier of premises? Need to examine the risks of omission, the seriousness of the consequences, the possibility of eliminating those risks and compliance with usual practice
Foreseeability of harm — apply to the facts ● opening crowd ● too many people on stairs ● No warning to shoppers
of the premises.
Bolton v Stone, Mercer’s Case. In this case , no information was given as to the standards
usually required of store owners or whether GCS has complied with the retail industry’s
general standards of practice. However it is reasonably foreseeable that harm could occur:
allowing too many people to climb the stairs at the same time could very likely cause serious
injuries, especially when people started pushing against each other. In addition , GCS should
have foreseen (as it had intended to do) that an opening sale would attract a huge crowd to
the store. However we have no information to support whether or not the stairs would
collapse when too many people were stepping on it. Clearly such an accident could have
been avoided if GCS had simply made an announcement using the public address system or
by putting up signs reminding shoppers not to rush up the stairs. Also GCS could have hired
extra staff to control the customer flow at the stairs. Given the likelihood of serious harm to
the stair users, it would have been reasonable for ordinary and prudent store owners to
perform the above precautions. GCS omitted these precautions, failed to warn Bert and
other shoppers and as a result caused Bert extensive injuries. It appears that GCS has
breached its duty of care to Bert.
Source:
https://www.dlsweb.rmit.edu.au/lsu../content/D_BUS/law/negligence_LL/casestudy.html
4. Group Work: Finish the e-mail letter of advice to Mr. Simpson summarizing the case and legal issues you have discussed, and outline the possible steps to be taken next. Use the language phrases listed in the table below the template.
To: simpson@gmail.com From: Subject: Your personal injury claim
Dear Mr Simpson,
Thank you for coming to see us at Legal Advice Centre on 12 February where we discussed your accident in Groovy Clothing Stores on 12 December last year. I am writing to summarise our discussion and to identify the key negligence issue. A few recommendations with regard to your claim are included at the end of the letter.
Yours sincerely,
For your reference:
Useful Sentence Openers
You informed me that … You described... You told me…
After consulting with my colleague …I have come to the conclusion that…
The legal issue here is whether or not …
Should you be interested in pursuing … I would be happy to assist you… our firm is well prepared to assist you.
In order for us to succeed in a claim against the store, we must prove that … To prove this we will need to … If your claim succeeds, … You would also be entitled to claim for …
I will now write to the store to … I will be in touch again shortly, but in the meantime, if you have any questions, please do not hesitate to contact me.
I look forward to hearing from you soon. Yours sincerely,
Useful Connectors
Giving arguments In my view Clearly It appears that
Result Therefore Thus Consequently As a result In the end As a consequence
Contrasting ideas But Whereas Rather However Even though Although
To add information Further Furthermore Moreover In addition Also
Based on: https://www.dlsweb.rmit.edu.au/lsu../content/D_BUS/law/negligence_LL/casestudy.html
2. Compulsory Assignment (credit requirement)
Write a formal letter of advice to your client, Kendra, who asked you to explain to her legal position in the following legal case.
Case: Kendra took part in a friendly game of football. She had played before and was familiar with the game. Michael was on her team. In the course of play, Michael bumped into Kendra and knocked her to the ground. He stepped on her hand, causing injury to a little finger that later lead to permanent immobility. She sued Michael for damages. He defended on the ground that she had assumed the risk.
Include all the following points in your letter. Do not forget to use an appropriate style of this type of a letter (formality, choice of words, legal terms) ● Chance of winning - not good ● She knew it was risky (plaintiff/ injury foreseeable) ● Michael did not mean to hurt her (defendant/no intention to harm)
the most outlandish lawsuits and verdicts in the U.S. You know the kind of
cases that make you scratch your head. So keep your head scratcher handy.
Source: based on http://boards.dailymail.co.uk/cafe/10254172-2012-stella-awards.html
1. You are going to hear a discussion between two law students, Maria and Fabio, about a well-known product liability case. Maria mentions compensatory damages and punitive damages. What is the difference between these two types of damages? _Which should be the highest in a case involving serious negligence?
- Listen to the discussion and correct the remaining mistakes in the previous text.
- Listen once more and answer these questions._
- What does Fabio mean by the words frivolous lawsuit?
- What injury did the plaintiff suffer?
- Why did McDonald´s refuse to settle out of court?
- How much did the court award Liebeck in compensatory damages? How much in punitive damages?
- What was the reasoning of the court?
- How much did Liebeck finally receive in damages? 1. Complete the procedural history section of this excerpt from a case note, using words you have studied so far.
CASE: Liebeck v. McDonald’s Restaurants FACTS: In 1992, Stella Liebeck, a 79-year-old woman from New Mexico, bought a cup of coffee from the drive-through of a McDonald’s restaurant. Liebeck (1) placed_ the coffee between her legs and opened it. She (2) spilled_ the entire cup of coffee on her lap, burning her lower body severely. At the hospital, it was (3) determined_ that she had (4) suffered_ third-degree burns on six per cent of her skin. She stayed in the hospital for eight days. She was (5) treated_ for two years. PROCEDURAL HISTORY: After several attempt to reach a (6) settlement_ failed, the claimant sued the (7) defendant for gross negligence. The jury (8) found for_ the claimant, determining that the defendant was 80% responsible ant the claimant 20%. Claimant was (9) awarded $200, in compensatory (10) damages, which was then reduced by 20% to $ 160.000. $2.7 million in (11) punitive_ damages were also awarded. These damages were then reduced to $ 480,000. The decision was (12) appealed_ by both claimant and defendant. However, an out-of-court settlement for less than $6000.000 was finally reached.
Source of listening: A. Krois-Lindner,M. Firth, Introduction to International Legal English, CUP 2008,
p. 32
1. Reading and Discussion
Many stories are going around the net saying they are “The Stella Awards”. Many of these
stories are false. Despite these stories having been debunked years ago, they not only still
circulate, but many reporters still talk about them as if they were true, which says a lot
about their professionalism.
Read the following cases and decide which of them are true and which of them are
fabricated (made up).
Stella Awards – true or fabricated? Your comment:
Case No 1: Kathleen Robertson was awarded $780,000 by a jury after breaking her ankle tripping over a small child who was running inside a furniture store. The owners of the store were understandably surprised at the verdict, considering the misbehaving child was Ms. Robertson's son.
Fab.
Case No 2: Mary Ubaudi was a passenger in a car that got into a wreck. She put most of the blame on the deepest pocket available: Mazda Motors, who made the car. Ubaudi demands "in excess of $150,000" from the automaker, claiming it "failed to provide instructions regarding the safe and proper use of a seatbelt."
True
Case No 3: Terrence Dickson was going out of a house he finished robbing by way of the garage. He was not able to get the garage door to go up because the automatic door opener was malfunctioning. He couldn't re-enter the house because the door connecting the house and garage locked when he pulled it shut. The family was on vacation, so Mr. Dickson found himself locked in the garage for eight days. He survived on a case of Pepsi he found, and a large bag of dry dog food. Dickson sued the homeowner's insurance claiming the situation caused him undue mental anguish. The jury agreed to half a million dollars and change.
Fab.
Case No 4: A Philadelphia restaurant was ordered to pay Amber Carson $113, after she slipped on a spilled soft drink and broke her coccyx. The beverage was on the floor because Ms. Carson threw it at her boyfriend 30 seconds earlier during an argument.
Fab.
Case No 5: The police officer Marcy Noriega had the suspect from a minor disturbance handcuffed in the back of her patrol car. When the suspect started to kick at the car's windows, Officer Noriega decided to subdue him with her Taser. Incredibly, instead of pulling her stun gun from her belt, she pulled her service sidearm and shot the man in the chest, killing him instantly. The city, however, says the killing is not the officer's fault; it argues that "any reasonable police officer" could "mistakenly draw and fire a handgun instead of the Taser device" and has filed suit against Taser, arguing the company should pay for any award from the wrongful death lawsuit the man's family has filed.
True
Case No 6: In November, Mr. Grazinski purchased a brand new 32 foot Winnebago motor home. On his first trip home, having joined the freeway, he set the cruise
Fab.
