- Courses
- Business Law I
- Activity 11
Tort Law
Why it Matters
Tort law is how the legal system assigns responsibility for harm that is not a crime and not a broken contract. For a business it shapes how you train employees, treat customers, design products, and buy insurance, because one lapse can produce a lawsuit and a headline. Every tort breaks down into elements, and a claim fails if a single element is missing. This activity has you find real Florida cases, build fact patterns of your own, and analyze them element by element.
Current Context
On February 20, 2026, a federal judge in Miami refused to set aside a $243 million verdict against Tesla over a fatal 2019 Autopilot crash in Key Largo, writing that the evidence “more than supports” the jury’s decision. The August 2025 jury had found Tesla 33 percent at fault on design defect and failure-to-warn claims and had added $200 million in punitive damages to roughly $43 million in compensatory damages, the first verdict of its kind against the company. A defense-side analysis of the case explains why the plaintiffs won without proving the driver blameless: they argued Tesla bore its own responsibility for letting the system operate outside its intended driving conditions. Tesla has signaled an appeal to the Eleventh Circuit, and every element you analyze in this activity, from duty and breach to the split of fault and the size of a punitive award, is being argued over a Florida crash right now.
Key Concepts
Intentional Torts
Civil wrongs committed by a defendant who meant to cause a result or knew it was substantially certain to follow. Battery, defamation, fraud, and false imprisonment are examples. In business they arise from overzealous security guards, deceptive sales tactics, and aggressive debt collection.
Negligence
Harm caused not by intent but by a failure to use the care a reasonable person would have used. The plaintiff must prove four elements: a duty of care, a breach of that duty, causation, and actual damages. Slip-and-fall claims and negligent hiring claims are the everyday versions a business faces.
Strict Liability
Liability without proof of intent or carelessness, imposed where the law wants maximum protection. It applies to defective products and to abnormally dangerous activities such as blasting. A plaintiff wins by showing the defect or the activity caused the harm, with no need to show fault.
Vicarious Liability
The doctrine of respondeat superior makes an employer liable for torts an employee commits within the scope of employment. If a delivery driver causes a crash on a route, the injured person can sue the company. It is why businesses invest in training, supervision, and insurance.
Elements of a Tort
The specific components a plaintiff must prove to win a particular tort claim. Each tort has its own list, and a claim collapses if any one element is unproven. Defense lawyers attack the weakest element, so the analysis of elements is the core of every tort case.
Compensatory and Punitive Damages
Compensatory damages make the injured plaintiff whole for losses such as medical bills, lost wages, and pain and suffering. Punitive damages punish a defendant for malicious or reckless conduct and deter others, and they can reach amounts that insurance does not cover. Florida statutes cap and condition punitive awards.
Resources
- Very Brief Introduction: Torts (Professor Nate’s short overview of tort law; watch it first.)
- Google Scholar (Free case law search; choose Case law under the search box and filter to Florida courts for Part 2.)
- Westlaw through the Daytona State College Library (Full legal research database available with your college login; the other place to find your four Florida cases.)
- Do Your Own Legal Research for Free by Using Google Scholar (How to search cases on Scholar, filter by court, and read an opinion.)
- Textbook: Chapter 7 Introduction to Tort Law (The assigned reading on intentional torts, negligence, and strict liability.)
- Textbook: Chapter 20 Product Liability (The assigned reading on liability for defective products.)
- Intentional and Negligence Torts, LawShelf (A free video course on the elements of the major torts.)
- Product Liability, LawShelf (A free video course on strict product liability.)
- Chapter 768, Negligence, Florida Statutes (Florida’s negligence statutes, including comparative fault and the limits on punitive damages.)
- Tort, Cornell Wex (A one-page overview of the three categories of torts.)
- Negligence, Cornell Wex (The four elements explained, which you will apply in Part 4.)
- Strict liability, Cornell Wex (When liability attaches without fault.)
- Respondeat superior, Cornell Wex (The scope-of-employment test for employer liability.)
- Punitive damages, Cornell Wex (What punitive damages are for and the limits courts place on them.)
What to Do
This activity moves through four steps: exploring tort claims with an AI, researching Florida cases that illustrate them, writing original fact patterns that raise the same issues, and analyzing those fact patterns using the cases as precedent. You post the fact patterns, the citations, and your analysis together.
Part 1: Explore and Select Tort Claims
Use the Tort Explorer to survey the range of recognized claims. You may investigate intentional torts such as assault, battery, false imprisonment, fraud, defamation, or tortious interference with business; negligence claims such as professional malpractice, negligent hiring, premises liability, or wrongful death; or strict liability claims such as product liability or abnormally dangerous activities. Once you have surveyed the options, select four distinct tort claims that interest you for the rest of the activity.
Part 2: Research Florida Caselaw
Find one Florida state or federal case for each of your four torts using Westlaw through the college library, Google Scholar, or a similar database. Read each case carefully to confirm it actually turns on the tort in question. Then paste the full text into the Case Evaluator and ask it to confirm that the court’s decision hinged on the tort rather than on a procedural question. If the AI tells you the tort was only mentioned in passing, find a different case.
Part 3: Reverse-Engineer Fact Patterns
For each case, use the Fact Pattern Generator to write a fictional but realistic scenario set in a business that raises the same tort issue the court decided. Your fact pattern must involve the core elements of the tort without copying details from the actual case: new characters, new facts, new context. By the end of this Part you should have four original, business-related fact patterns ready for analysis.
Part 4: Analyze and Post Your Deliverables
Use the Precedent Analyst to evaluate each fact pattern against its case. Explain how the real Florida decision could serve as precedent to resolve your fictional dispute: identify the relevant legal principles, compare the key facts, and show how the court’s reasoning would apply. Then post your results as a single new thread containing all four fact patterns, the citations for the four cases, and your analysis of each.
Part 5: Share Chat Link
Include one AI chat link with a 1–2 sentence explanation of what the conversation shows and why you chose to share it.
Suggested AI Prompts
Use these prompts as a starting point, then adjust them to fit your goal. Strong prompting develops through trial, revision, and testing. It’s a foundational skill that grows into more advanced AI work such as context engineering and agent-based workflows.
Tort Explorer
Act as my college-level torts tutor. Start with a high-level overview of tort law: its history and purpose, how it differs from contract law and criminal law, and the general principles behind tort claims. Then note that my assignment already gives me a list of common torts to choose from and ask me to pick one to discuss. When I name a tort, summarize it, list its elements, and give a short, realistic example fact pattern. If you quote or paraphrase the Restatement of Torts, name the section and tell me to confirm the wording, and do not invent section numbers. End by asking whether I have questions or want to explore another tort.
Layered explanation with a verification flag. The overview-then-drill-down structure lets you choose what to go deep on, and the instruction about Restatement sections is the responsible-use move: models cite the Restatement confidently and often wrongly.
Case Evaluator
Act as my torts study assistant. I will paste the full text of a Florida case that I believe illustrates a specific tort. Read it carefully and give me an honest assessment: summarize the key facts, explain the court’s reasoning, and identify the legal issue the court actually decided. Then tell me whether the case meaningfully illustrates the tort I selected. If the tort is central to the decision, explain how the case supports my understanding. If the tort is only mentioned in passing, or the case turns on another doctrine such as jurisdiction, procedure, or contract law, say so candidly and recommend that I find a different case. Wait for me to provide the case before you begin.
Source grounding with permission to disappoint. Giving the model the full opinion and explicitly inviting a negative answer is what makes it useful here; without that permission, models tend to confirm that whatever you found is exactly what you needed.
Fact Pattern Generator
Act as my torts writing assistant. I have pasted a Florida case that centers on a specific tort. After reading it, help me write an original, fictional fact pattern that raises the same tort issue in a realistic business setting. The scenario should mirror the legal reasoning and central issue of the case closely enough that the case could be used to analyze it, but with entirely new characters, facts, and context, reusing nothing from the original. When the fact pattern is done, check that it would support analysis under the case and ask whether I want to build another.
Constrained generation. The prompt pins the output to one case’s legal issue while forbidding reuse of its facts, which is the right division of labor: the model supplies invention and you supply the legal target it must hit.
Precedent Analyst
Act as my torts analysis coach. I have written a fictional fact pattern that raises a tort issue and I have read a Florida case involving the same tort. I will give you both. Use the case to help me analyze the fact pattern: identify the relevant legal principles, compare the facts of the case and the scenario, and explain how a court would reason through the new situation using the logic of the original decision. Be specific about which elements of the tort are met and where there is real uncertainty. When you finish, ask whether I want to work through another scenario.
Analogical reasoning made explicit. Asking for a fact-by-fact comparison and an element-by-element verdict forces the model to do the work a lawyer does with precedent, and gives you a structure you can check rather than a conclusion you have to trust.