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

NEGLIGENCE          

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.)

STRICT LIABILITY       

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

1. Legislative privilege

2. Judicial privilege

3. 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 

(HRS:  SURVEILLANCE  LAWS  IN  HAWAII & Hawaii Stalking Laws)

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

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@pibureau.us

george@theinvestigatorsllc.com 

Hawaii State License #

PD-312