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Legal Definitions - lex loci delicti

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Definition of lex loci delicti

Lex loci delicti is a Latin legal principle that translates to "the law of the place where the wrong was committed."

This rule is primarily used in situations involving a "conflict of laws," which occurs when a legal dispute crosses jurisdictional boundaries, such as state lines or national borders. When a civil wrong, known as a tort (e.g., negligence, defamation, product liability), takes place, the principle of lex loci delicti dictates that the laws of the specific location where the harmful act or injury occurred should be applied to resolve the dispute.

Here are some examples illustrating how lex loci delicti might be applied:

  • Cross-State Car Accident: Imagine a driver from Georgia is on vacation in Florida and, due to their negligence, causes a car accident that injures a Florida resident. If the Florida resident decides to sue the Georgia driver for damages, a court would likely apply Florida's laws regarding negligence, liability, and compensation for injuries. This is because the "wrong" (the accident and resulting injury) physically occurred in Florida.
  • Defective Product Injury: Consider a scenario where a consumer in Arizona purchases a household appliance that was manufactured in Ohio. The appliance later malfunctions in Arizona, causing a fire that damages the consumer's home and injures them. If the Arizona consumer sues the manufacturer for product liability, the principle of lex loci delicti would generally lead the court to apply Arizona's product liability laws, as that is where the injury and property damage occurred.
  • International Environmental Damage: Suppose a chemical plant located just over the border in Country A discharges pollutants into a river that flows into Country B, causing significant environmental damage and health issues for residents in Country B. If the affected residents of Country B decide to sue the plant, a court would typically look to the environmental tort laws of Country B to determine liability and damages, because the primary harm and "wrong" were experienced within Country B's territory.

Simple Definition

Lex loci delicti is a Latin legal principle meaning "the law of the place where the wrong was committed." It refers to the rule that the law of the jurisdiction where a tort or other civil wrong occurred should be applied to resolve the legal dispute.

If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.

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