Also known as: civil liabilities · tort liability
Written by attorneys · grounded in primary & secondary sources — see below
Liability imposed under the civil law rather than the criminal law. It consists of the legal obligation to pay damages or submit to other court-ordered remedies when a party has caused harm through tortious conduct or breach of duty.
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Craig Caldwell drove his delivery truck at excessive speed through a residential zone while distracted by his phone. He struck and killed a pedestrian. The estate sued for damages. The court measured Caldwell's conduct against the lower threshold for civil liability rather than the substantially greater deviation required for criminal negligence.
Clifford Cox and members of his group picketed peacefully on public land near a military funeral with signs expressing political and moral opposition to government policy. The family sued for intentional infliction of emotional distress. The court held that the First Amendment barred civil liability because the speech addressed matters of public concern and involved no additional unprotected conduct.
Cassandra Cooper suffered injuries when her husband Cameron Cruz negligently operated their shared vehicle. She filed a tort action against him for damages. The court rejected any claim of immunity and permitted the suit to proceed solely because of the marital relationship.
Christian Coleman, a presidential aide handling routine domestic policy, directed an agency to deny permits to a company. The company sued Coleman for alleged constitutional violations. The court granted only qualified immunity because the aide's functions were not discretionary actions in sensitive areas of national concern closely tied to presidential decision-making.
Curtis Cannon, a minor, was injured when his parent negligently maintained the family home. The child sued the parent for damages. The court allowed the action because the parent-child relationship alone does not confer immunity from tort liability.
Copperfield Mining's safety officer was subpoenaed and asked questions that could expose the company to regulatory penalties. The officer refused to answer, claiming the Fifth Amendment. The court overruled the claim because the risk was limited to civil liability rather than criminal prosecution.
Civil liability arises from a lower standard of negligence than the substantially greater deviation from reasonable conduct required for criminal negligence. A defendant's conduct may therefore support a damages award without constituting involuntary manslaughter.
Yes. Speech on matters of public concern receives First Amendment protection that bars tort liability for intentional infliction of emotional distress when the conduct is peaceful and occurs on public land without additional unprotected acts.
…by an employers’ liability act, the provision of a charter exempting a railroad from liability for death of employees, since the civil liability was deemed a matter of public concern, and not a mere private right. Texas & New Orleans R. R. Co. v. Miller , 221 U. S. 408. Compare Boyd v. Alabama , 94 U. S. 645; Stone v.…
…would have resulted in a severely adverse effect on the physical or mental health of the patient. "(d) Limitation on civil liability
…of fraud and deceit. See, e. g., Santa Fe Industries, Inc. v. Green, 430 U. S. 462, 471-477 (1977). Even when we have extended civil liability under Rule 10b-5 to a broader reach than the common law had previously permitted, see ante, at 244, n. 22, we have retained familiar legal principles as our guideposts. See, e. g., Herman &…
…In earlier proceedings the case was dismissed on the ground that the respondent, a nonprofit corporation, was immune from tort liability
…is a good-faith basis for believing that no duty to disclose exists. That conduct is sufficiently reprehensible to give rise to tort liability
No. A husband or wife is not immune from tort liability to the other solely because of the marital relationship, so suits for personal injury may proceed.
Presidential aides receive absolute immunity only when performing discretionary functions in sensitive areas of national concern closely tied to presidential decision-making. Otherwise they receive only qualified immunity that shields them unless they violate clearly established rights.
Yes. A parent or child is not immune from tort liability to the other solely by reason of that relationship, allowing ordinary tort actions to go forward.
No. The Fifth Amendment privilege against self-incrimination protects only against the risk of criminal liability. Exposure to civil liability alone does not permit invocation of the privilege.