4211 Waialae Ave.
Honolulu, HI 96816
ph: 808-218-1025
george
![]() | Torts to the Person |
Battery
Assault
False Imprisonment
Intentional Infliction of Emotional Distress
Defenses:
Consent
Self-Defense
Defense of Third Person
Defense of Land or Chattels
Force to Effect Recapture of Chattels Wrongfully Withheld
Privilege of Arrest
![]() | Torts to Property |
Trespass to Land
Trespass to Chattels
Conversion of Chattels
Defenses:
Consent
Privileged Invasion of Another's Land to Reclaim Chattels
Privilege to Exclude or Evict Trespassing Chattels of Another
Privileged Invasion of Another's Land or Chattels as a Public necessity
Privileged Invasion of Another's Land or Chattels as a Private Necessity
Privileged Invasions of Land or Chattels to Abate a Nuisance
Investigations should proceed through a sequence of elements methodically finding an appropriate act or actionable omission before turning to the issue of "duty," and that there is a breach of duty before considering "causation."
Elements of the Prima Facie Case: Act or Omission, Duty, Breach, Causation / Proximate Cause, and Damages
Defenses to Negligence
Contributory Negligence: Plaintiff's conduct is a contributing cause to his own injuries and is a complete bar to any recovery for the negligence of the defendant. There are exceptions. Many states reject this as a defense and replaces it with Comparative Negligence.
Comparative Negligence: ...rejects the notion that contributory negligence is always a bar to recovery by plaintiff. It individualizes accident recoveries on the parties in proportion to their fault.
Assumption of the Risk: It must be shown that the plaintiff recognized and understood the particular risk or danger involved and voluntarily chose to encounter it.
(note: Hawaii had adopted the doctrine of modified comparative negligence. HRS § 663-31 (1995). Under this doctrine, a claimant's action is barred if his negligence exceeds the combined negligence of all defendants. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence. See also: http://www.mcandl.com/hawaii.html for a summary on Hawaii Medical Malpractice law.)
Investigations should determine whether the facts involved fall into one of the recognized categories of cases in which courts are willing to impose strict liability, liability without any fault. Those facts are:
![]() | Defendant's animals cause an injury; or |
![]() | Defendant is involved in an abnormally dangerous activity |
Elements of the Prima facie case: Act or Omission, Duty to Avoid Harm, Breach, Cause/Proximate Cause, and Damages.
Defenses to Strict Liability:
Comparative Negligence
Assumption of the Risk
![]() | Liability based on Intentional Torts (a battery). |
![]() | Liability based on Negligence (harm must be foreseeable). |
![]() | Liability based on Strict Liability (defective product that caused injury). |
![]() | Liability based on breach of an express or implied warrant (especially U.C.C. warranties of fitness for a particular purpose and merchantability). Defenses: |
Contributory negligence (but is no defense to intentional torts).
Comparative negligence
Assumption of the Risk
Disclaimers (for Strict Liability)
Statute of Limitations (applies to strict liability injuries)
Preemption (federal legislation has impliedly preempted state tort law on strict liability).
Disclaimers (A manufacturer or seller may limit or exclude warranties that would otherwise arise from the sale of goods).
Notice Requirements (Warranty actions may be barred if the injured purchaser fails to give the seller timely notice of breach).
Statute of Limitations ( The usual warranty limitations period is four years, running from the delivery of the goods).
NUISANCE
Elements of the Prima Facie Case:
Act by Defendant
Non-trespass Invasion of Plaintiff's Interest
Intent, Negligence, or Strict Liability (Defendant's Conduct)
Substantial and Unreasonable Harm
Causation
Defenses:
Contributory Negligence except for intentional nuisance.
Assumption of Risk
DEFAMATION
Element of the Prima Facie case at common law:
Publication to Third Person
Understood as Defamatory of Plaintiff
Allege Falsity
Causation
Damages
A prima facie case of defamation at common law required the publication to some third person of a statement that harmed the reputation of the plaintiff, thereby causing the plaintiff to suffer damages. Except for the defense of truth and for certain narrowly defined classes of privileged communications, defamation was generally a strict liability tort.
Defenses:
Consent
Truth
Common Law Absolute Privileges
Legislative privilege
Judicial privilege
Domestic privilege
Common Law Conditional or Qualified Privileges
Fair Comment privilege
Record Libel privilege
Federal Preemptive privileges
Defenses of Republishers
SLAPP Suits (Strategic Lawsuits Against Public participation)
CONSTITUTIONAL PRIVILEGES
Problems involving defamation should also be investigated for invasion of the right of Privacy or the Wrongful Causing of Emotional Distress.
WRONGFUL INVASION OF PRIVACY
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Elements or the Prima Facie Case:
Highly Offensive Intrusion by Defendant into Plaintiff's Private Life
Intent or Negligence
Causation
Note: Wiretapping Plaintiff's home would be a clear invasion of privacy. But if Plaintiff sought a disability pension or filed a personal injury complaint, an investigator's efforts to photograph Plaintiff in public would not intrude on reasonable expectations of privacy.
Note also that: Trespass on periphery of Plaintiff's land does not show unreasonable surveillance and does not amount to invasions of privacy.
Defense: Consent
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Elements of the Prima Facie Case:
Highly Offensive Public Disclosure by Defendant of Private Facts about Plaintiff
No Legitimate Public Interest
Fault in Making the Disclosure
Defenses:
Truth is no defense
Consent
Constitutional Privilege
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Elements of the Prima Facie Case:
Unauthorized use by Defendant of Plaintiff's Name or Likeness for a Commercial Purpose
Causation
Defense: Newsworthiness
OTHER TORTS INCLUDE:
Misrepresentation
Injurious Falsehood
Interference with Economic Relations
Unjustifiable Litigation
The Investigators' services are predicated on knowledge of Civil Laws (Torts) and their Defenses which is the primary foundation for an investigator's perspicacity necessary for evidence discovery and acquisition. Our requisite professional credentials have earned us the compulsory credibility necessary to educe cooperation from individuals with relevant and reliable information. We do more than just take pictures. We know what to look for, what to ask, how to ask, and whom to ask.
Our reports are comprehensive, thorough, and may include addenda of supporting documentation, videos, photographs and/or drawings.
Above all, we are committed to the axiomatic norms of professionalism. All investigations are confidential and conducted within the parameters and limitations of authority using personal initiative in the management of all cases at a nominal expense.
Talk to us for a free consultation we may save you an enormous amount of money on pre-trial discovery, investigation inquiries, and evidence acquisition.
It is economically prudent to investigate your case before litigation. Give us a call toll free at:
808-218-1025
email:
george@theinvestigatorsllc.com
PD-312
Copyright 2014 The Investigators, LLC. All rights reserved.
4211 Waialae Ave.
Honolulu, HI 96816
ph: 808-218-1025
george