Tort Law Theory Analysis

Introduction

The tort law theory is a wrong doing that determines foreseeability and negligence in a case. Tort law has three main categories; intentional, unintentional (negligence), and strict liability. In this article, we will analyze the court case James v. Meow Media case and discuss the position, elements of negligence, what was missing in the words that prevented the court from finding this company at fault, and how the ruling would affect other companies in that industry if the company was at fault.

Analysis

According to court case James v. Meow Media, Inc. this case was based on whether the deaths of three high school students were considered foreseeable negligence. This case was about a fourteen-year-old freshman student that was regularly playing violent interactive video and computer games. This freshman Michael Carneal watched videotaped movies, one, in particular, was The Basketball Diaries showing a high school student having dreams of killing students and staff in the school. Carneal a handgun and five shotguns into his high school and started shooting; resulting in the deaths of three students and wounding others. As a result of this the parents of the three dead students sued the producers and distributors of the violent video games and movies that Carneal watched. The parents were suing for recovery damages for wrongful death and accusing the defendants were negligent in producing and disturbing such products.

(CASE 5.2 Negligence James v. Meow Media, Inc. 300 F.3d 683, Web 2002 U.S. App. Lexis 16185 (2002) p.1)

Position

After reviewing and analyzing this court case determining that the U.S. District Court applied Kentucky law in agreeance that the defendants did not owe or breach a duty to the plaintiffs and therefore not liable for any damages. If the defendants actually stated in the video games and videos, “Carneal go and shoot students and staff” then it would be considered negligence and intentional by the defendants or showing specific details of a religion or student ethics then it could also be determined as Intentional Misrepresentation (Fraud). The parents are pushing the Freedom of Speech act which grants the defendants the right to free speech. However, if the plaintiffs could prove that Carneal had purchased these violent video games and videos as for any rated R videos and video games require to have someone over the age of seventeen to purchase such products. If this was not the case and Carneal had intentionally purchased the products then the negligence and liability would fall to the retail store and/or distributors to that store and not enforcing the law even at the register.

Reversal Analysis

If the ruling by the U.S. District Court found the defendants guilty or in favor of the plaintiffs then all industries that produce and distribute such violent games and videos would have to recall all products and pay out any damages to those families involved in any shootings where such events like Carneal’s shooting at the high school would be found negligence and liable for recovery damages.

Conclusion

After looking through the court case and reviewing the facts of the case it has come to understand that our judicial system and law is very complex. The tort law theory and categories representing it showing there are many level in which a business could be found liable for wrongful doing or unintentional doing. Understanding the law and either knowing or not knowing if the business and/or individual have broken law is up for a judge and jury of peers to determine.

References

CASE 5.2 Negligence James v. Meow Media, Inc. 300 F.3d 683, Web 2002 U.S. App. Lexis 16185 (2002)