|
|
 |
| Physician Law Review |
 |
|
 |
 |
|
| Miscellaneous |
| 1. |
Civil Jury
Trials. |
|
A. Definitions
- Plaintiff: One who, in a personal
action, seeks remedy in a court of justice for
an injury to, or withholding of, his/her
rights.
- Defendant: In civil proceedings,
the party responding to the complaint (the one
who is sued).
- Tort: A wrongful act, damage or
injury done willfully, negligently or in
circumstances involving strict liability for
which a civil suit can be brought; successful
lawsuit demonstrates relationship between action
and damages.
- Liability: Responsibility for ones
conduct, such as contractual liability, tort
liability or criminal
liability.
B. Types of
Lawsuits
The following are the basic types of civil
lawsuits in the U.S.. Most civil lawsuits are
filed to litigate automobile
accidents.
- Automobile Accidents: Liability of
driver, vehicle owners, or employers of
drivers
- Common Carrier: Common carrier's
liability to passengers injured on buses,
trains, cabs, and airplanes.
- Worker Injury: Liability for
workplace injuries held by employers,
manufacturers, property owners and
co-employees.
- Injury on Property: Liability for
dangerous conditions on private
property.
- Street Hazard: Liability of
government, contractors and others for dangers
maintenance or obstructions on public roads or
sidewalks.
- Professional Malpractice:
Liability for substandard medical, legal or
other professional practices.
- Product Liability: Liability of
manufacturers, sellers or other businesses to
injured persons for defective
products.
- Contracts/Business: Breaches of
contracts or business torts; for example, fraud
or antitrust.
- Intentional tort: Liability for
assault, defamation or violation of civil right;
for example, false arrest or imprisonment,
malicious prosecution
- Dram Shop: Liability of bars,
liquor stores or individual for supplying
alcohol to persons who cause injury while
intoxicated.
C. Distribution of Civil
Cases.
In a study of twenty thousand civil cases
over a 20 year period note the following
distribution:
Type of Civil
Trial....................Percent of
Total
- automobile
accidents.............66%
- injury and
property.................9%
- common
carrier......................6%
- worker
injury..........................5%
- product
liability......................4%
- intentional
tort.......................4%
- street
hazard........................3%
- dram shot............................
3%
- contract/business..................2%
- professional
malpractice.........2%
- miscellaneous.......................2%
|
|
|
| |
|
| |
|
|
|
 |
|
| |
|
|
