General Resources, Including Chapters from Open Educational Resources Textbooks

Reading:  Tort Law, Unit 3 in Saylor Academy Textbook.

Readings & Videos:  Understanding Tort Law from Jason Gordon’s The Business Professor textbook.  This is, once again, the link to the opening reading and video, followed by many more that explore topics related to intentional and negligent torts.

Reading:  Tort Law, Chapter 7 from The Legal Environment of Business by Johnson and Lau.

Reading:  Introduction to Tort Law, Chapter 7 from Government Regulation and the Legal Environment of Business by Mayer, etal.

Other General Resources

Video:  Prof. Ida Jones Explains Tort Law (11:15)

Video:  An Overview of Tort Law (Intentional Torts, Negligence and Strict Liability) (13:05)  by Prof Lindsay Wiley

Reading:  The Difference Between Torts and Crimes

Reading:  Personal Injury Actions and Preexisting Conditions: the Eggshell Plaintiff Doctrine  (2019)

Reading:  What is the Eggshell Skull Rule?  (August 2020) This short reading explains the “eggshell plaintiff” rule and how it works in Georgia.

Intentional Torts

Infographic:  Overview of Intentional Torts

Textbook:  Intentional Torts

Video:  Prof. Ida Jones on Types of Intentional Torts    (14:27)

Video:  Overview of Intentional Torts (12:22) by Prof. Lindsay Wiley

Reading:  Intentional Torts

Assault and Battery

Video:  Assault and Battery in Tort (2:15) by Prof Jason Gordon

PowToon Video:  Battery and Assault (1:42)

False Imprisonment

Audio:  False Imprisonment (6:50)

Reading:  What is Shopkeeper’s Privilege?  This very short post by a Maryland law firm what the privilege is and how it can be used.

Privacy Torts

Reading:  What is Invasion of Privacy?  Findlaw explains the four most common types of privacy invasion, including intrusion upon seclusion, and appropriation (or misappropriation) of name or likeness.

Video:  The Torts of Invasion of Privacy   (8:32) This video (and accompanying text) explains the same four types of invasion of privacy.

Reading (with embedded videos):  Privacy in a World of Virtual Assistants, e.g., Siri and Alexa.

Reading:  Invasion of Privacy.  This post explains an August 2020 Ohio Supreme Court decision that found no cause of action for invasion of privacy when employer with a “direct observation” policy watches an employee provide a urine sample for a drug test.

Intentional Infliction of Emotional Distress

Reading:  Intentional Infliction of Emotional Distress

Video:  Prof Jason Gordon explains Intentional Infliction of Emotion Distress (1:31)

Reading:  District Court Sinks Cruise Ship Passengers’ Emotional Distress Claims Based on Fear of Contracting COVID-19   A federal court in California considered whether passengers stuck on a cruise ship as the pandemic emerged could sue for emotional distress, based on their fear of contracting the virus.  The court’s ruling examines relevant maritime law, as is also explained in Federal Court Rules Against Emotional Distress Claims for COVID-19 Exposure in Decision Favorable to Gathering Places, Hospitality Industry.

Defamation, Slander and Libel

Video:  Defamation, Slander and Libel (8:34)

Reading:  Common Examples of Defamation

Reading:  Can You Sue for Defamation of Character on YouTube?  This short reading by the Morgan and Morgan law firm has a number of components:  an FAQ that explains what defamation is, who can be legally liable for defamatory posts on YouTube, proving a case, recovering damages for the harm to your reputation, and how to handle the situation if you find defamatory content about you on YouTube.

Reading:  Commercial Disparagement or Trade Libel

Reading: Trade Libel – Elements of the Cause of Action and Defenses Available

Business Torts, Fraud and Misrepresentation

Reading:  Wrongful Interference in a Business Relationship   (Houston Chronicle)

Video:  Fraud (Torts) Explained. (1:50).  Prof Gordon explains the elements of fraud as a tort.

Video:  Negligent Misrepresentation (1:35).  This animated video illustrates what can happen if a creditor that has relied on information provided by a bank to make a transaction and then loses money on the deal, sues the bank for negligence.  Though set in England, the scenario discusses whether the bank owed a duty of due care in preparing the statement it provided, and if so, what remedy might be available.

Reading:  Business Torts and Fraud.  This post by a Colorado law firm, identifies and briefly defines a number of business torts and fraud, e.g., fraud and misrepresentation, conversion and civil theft, tortious interference with prospective business relations, and deceptive trade practices, as well as breach of fiduciary duty, RICO, etc.

Reading:  What is Fraudulent Misrepresentation?  Although primarily an ad for legal services, the law firm post also identifies the elements of common-law fraud.

Negligence

Infographic:  The Elements of Negligence

PowToon Video:  Elements of Negligence (1:41)

Video:  Duty of Care by Prof Jason Gordon (3:24)

Video:  Duties owed to Trespassers, Licensees and Business Invitees (2:28)

Reading:  Liability for Slip and Falls and Other Injuries in Parking Lots and Garages (Dec 2020).

Video:  What is Proximate Cause? (5:05)

Video:  Palsgraf case (2:41)  This is the case that established the doctrine of proximate cause.

Textbook:  Negligent Torts

Reading:  Employer Liability for Negligent Hiring, Retention, Training and Supervision

Reading:  Respondeat Superior and Negligent Hiring: Exposed if Within, Exposed if Without

McDonald’s Hot Coffee Case

Reading:  The McDonald’s Hot Coffee Case  This summary of the case includes more of the information heard by the jury.

Video:  Woman Burned by McDonald’s Coffee, Then the News Media.  The New York Times Retrospective examines the McDonald’s hot coffee case.

Reading:  What Does Tort Reform Mean (Marianne Bonner, 2019).  Bonner’s article provides a simplified overview of tort reform, arguments in favor of and against tort reform, and state and federal reform initiatives.  She also looks briefly at how it is used in medical malpractice, product liability, and asbestos cases.

Special Negligence Doctrines

Reading:  What is Res Ipsa Loquitur and When can it Be Invoked? This short article not only explains the res ipsa loquitur doctrine, it provides a short glossary with definitions of negligence, rebuttable presumption, and circumstantial evidence, all terms related to the doctrine.

Definition:  Res Ipsa Loquitur

Reading:  What is Negligence Per Se in Personal Injury Cases?  This brief article defines negligence per se and identifies what a plaintiff would need to prove to establish negligence per se in a personal injury case.

Reading:  Negligence Per Se in Personal Injury Cases?  This article goes more deeply into negligence per se, provides several examples, and identifies possible defenses to a negligence per se claim.  It also has an embedded video explanation (about 2:30)

Reading:  What is Negligence Per Se in Georgia?  This short March 2023 reading on a law firm’s blog explains the relationship between negligence per se and the duty element in a common law negligence analysis.

Reading:  Negligence Per Se.  This post by an Atlanta law firm looks more specifically at violations of Georgia’s Uniform Rules of the Road as negligence per se, which creates a rebuttable presumption of negligence.

Video:  What is Res Ipsa Loquitur?  (2:52)

Video:  Negligence Per Se explained (0:43)

Dram Shop and Social Host Liability Laws

Reading:  Dram Shop rule defined   This provides you with a broad definition of dram shop laws, but without discussing any specific state’s laws.

Reading:  Dram Shop Liability — What Are Georgia Dram Shop Laws? Katz Personal Injury Lawyers have posted a very basic explanation of the Georgia dram shop act and what a plaintiff must prove in bringing such a case.  

Reading:  Georgia Dram Shop and Social Host Laws.  This post by the personal injury law firm Scholle Law discusses dram shop laws generally before exploring Georgia’s law and how it differs from dram shop statutes enacted in other states.  It discusses how dram shop laws work, proximate cause and damage issues, and possible defenses before providing examples of dram shop and social host cases and answering FAQs.   

Reading:  Dram Shop Liability.  This post by the Ragland Law Firm in Atlanta explains what dram shop laws are and how they differ in each state before looking more closely at dram shop and social host liability in Georgia and the proof needed when such cases are litigated.

Reading:   Georgia Dram Shop Laws.  This is another post by a personal injury law firm (Spiva Law Group) also discusses who can be liable under the Georgia dram shop law, what a plaintiff must prove, and what damages a successful plaintiff may be able to recover.

Strict Liability Torts

Reading:  An Easy Guide to Strict Liability Tort (October 2023)

Textbook:  Strict Liability

Video:  Prof Jason Gordon provides examples of Strict Liability Torts (2:56)

Tort Defenses

Reading:  Consent in Tort Law

Reading:  Findlaw explains Defenses to Negligence

Definition:  Assumption of Risk

Reading:  Assumption of Risk explained  by Legal Match (with examples)

Video:  Assumption of Risk (2:59)

Video:  Example of Assumption of Risk (0:47)  The video shows a dare devil diving from hotel roof to a swimming pool far below

Video:  Example of Assumption of Risk (1:51)    A skydiver jumps 25,000 feet in free fall to earth without a parachute and lived to tell about it.

Video: Imitating the James Bond parachute scene in Moonraker? (2:37)

Reading:  Contributory and Comparative Negligence explained

Video:  What is Contributory Negligence? (1:46)

Video:  Examples of Contributory Negligence (1:14)

Video:  What is Comparative Negligence? (2:13)