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Everyday Harm, Everyday Rights
Season 10 · Episode 39

Everyday Harm, Everyday Rights

Positive People USA · Mr. Positive, M.A., B.Soc.Sci., CIT, PEL, A.A.S. – Paralegal

October 28, 202524m 52s

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Show Notes

Contact; [email protected]

Tort Law: Harm, Duty, Recovery with Lesson Plan

This material is not intended as legal advice. It is designed to educate the layperson — the non-legally trained neighbor, tenant, worker, or customer — on one of the most common areas of law they are likely to encounter when seeking recovery for harm: tort law. By understanding the basic elements of duty, breach, and injury, everyday people can better recognize when harm is actionable and how the law frames accountability in shared civic life.

⚖️ The Three Elements of Tort Law

1. Duty – A legal obligation to act (or not act) in a way that avoids foreseeable harm.

2. Breach of Duty – A failure to meet that obligation.

3. Injury (Damages) – Actual harm suffered as a result of the breach.

🧭 Lesson Plan: Everyday Harm, Everyday Rights

Intended for:

High school students, adult learners, community groups and other entities is cool beans with me.

⏱️ Duration

45–60 minutes (expandable to multi-day module)

📚 Learning Objectives

Participants will:

  1. Define the three core elements of tort law: duty, breach of duty, and injury.
  2. Identify real-life examples of tortious harm across four civic domains.
  3. Explain how tort law enables monetary recovery for harm suffered.
  4. Recognize when harm may be legally actionable — even without a lawyer.
  5. Apply tort law principles to hypothetical scenarios using civic reasoning.

🎓 Learning Outcomes

Participants will demonstrate:

  • Understanding of how tort law functions in everyday life
  • Ability to distinguish between duty and breach in common situations
  • Awareness of legal rights and responsibilities in shared spaces
  • Confidence in identifying harm and seeking accountability
  • Civic literacy that connects law to restoration, not just punishment

🛠️ Formative Assessment Tool: Civic Scenario Cards

Facilitator will create and distribute cards with realistic harm scenarios. For each, participants must:

  1. Identify the Duty
  2. Spot the Breach
  3. Describe the Injury
  4. Decide if Recovery is Possible

Example: A tenant slips on a broken stair in a dim hallway. The landlord ignored repair requests. → Duty: Maintain safe premises → Breach: Ignored complaints → Injury: Physical harm → Recovery: Yes

🧩 Optional Extension Activities

🔸 Role Play: Civic Courtroom

Act out tort scenarios as plaintiff, defendant, and judge. Example: A customer sues a store for injury caused by a blocked wheelchair ramp.

🔸 Community Mapping: Risk & Responsibility

Identify local spaces where tort law might apply (e.g., icy sidewalks, broken playgrounds).

🔸 Restoration Reflection

Write a short reflection or poem: “What does justice look like when someone is harmed in a shared space?”

🔸 Tort Law Bingo

Create bingo cards with civic harms (e.g., “slip on ice,” “spoiled food,” “unleashed dog”). Mark off as scenarios is discussed.

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