Customer Injuries: An Introduction To Tort Law

26 Pages Posted: 2 Mar 2021

See all articles by Lawrence J. Trautman

Lawrence J. Trautman

Prairie View A&M University - College of Business

Vanessa Johnson

University of Houston - Clear Lake

Lora Koretz

W. P. Carey School of Business at Arizona State

Date Written: March 2, 2021

Abstract

Sooner or later almost every business enterprise faces the unwelcome prospect of injury to a customer. Even the smallest of businesses needs to be vigilant about potential injuries. Common examples include: restaurant meals that cause illness to consumers; and slip-and-fall injuries for almost every industry. Other actions may be intentional acts by employees causing injury to customers.

While the study of tort (a French word meaning injury or harm) law may consume a full year or more during law school, this essay is intended as a brief introduction. Therefore, while little more than an overview is presented, it is a very important discussion of this complex subject for every student of business law.

This articles proceeds in nine parts. First, we provide an introduction of tort law arising in business settings by looking at popular cinema. Second, is a brief discussion of the elements necessary to bring a successful tort action. Third, we look at intentional business torts. Fourth is an examination of the important contemporary subject of cyber torts. Fifth, we discuss environmental torts. Sixth, medical torts are discussed. Seventh, torts arising in a global pandemic context are examined. Eighth, is the topic of risk mitigation. And last, we conclude.

Keywords: agency, breach, causation, cyberbreach, cyber torts, damages, duty, employee, employer, insurance, intentional business torts, medical torts, proximate cause, risk, tort law, vicarious liability

Suggested Citation

Trautman, Lawrence J. and Johnson, Vanessa and Koretz, Lora, Customer Injuries: An Introduction To Tort Law (March 2, 2021). Available at SSRN: https://ssrn.com/abstract=3795841 or http://dx.doi.org/10.2139/ssrn.3795841

Lawrence J. Trautman (Contact Author)

Prairie View A&M University - College of Business ( email )

Prairie View, TX
United States

Vanessa Johnson

University of Houston - Clear Lake ( email )

2700 Bay Area Blvd. Box 42
Houston, TX 77058
United States
2815070787 (Phone)

Lora Koretz

W. P. Carey School of Business at Arizona State ( email )

Tempe, AZ 85287-4006
United States

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