Tort law protects and compensates individuals who have been harmed by an act of negligence, recklessness, or intentional wrongdoing. This body of law also covers people who have been injured by defective or unsafe products. Therefore, a tort is an act (or omission) that causes injury or harm to another person or persons in a manner that represents some amount of liability. Generally, torts are put into three distinct categories:

Intentional torts suggest intentional wrongdoing resulting in harm or injury to a person or property
Negligent torts refer to injury caused by a failure to adhere to procedures or rules instituted to prevent or minimize injury
Strict liability torts represent any direct harm caused by a defective product

How is a Tort Case Won?

There are four things that a plaintiff must prove to prevail in a tort case:

Duty: The idea of duty can be challenging to define. Sometimes the duty is codified in law, such as obeying speed limits or stopping at pedestrian crosswalks. The duty to follow the written law is easy to see in these cases. But at other times, the duty comes from common knowledge about reasonable care – for instance, swinging a baseball bat at the batting cages is reasonable. Swinging a baseball bat inside a crowded supermarket is a different story.
Breach of duty: A breach of duty takes place when the defendant does not comply with what the duty requires. This can involve intentional actions; or negligence involving an involuntary but unlawful action.
Causation: The plaintiff must show that their injuries or losses were caused by the defendant, and not by some previous or unrelated incident.
Damages: Damages refer to two things; the injuries and losses suffered by the plaintiff as a result of the defendant, and the amount of money awarded or received to compensate the plaintiff for those injuries and losses. The court may also determine and award punitive damages in excess of compensatory damages. Punitive damages are meant to compel the defendant to be more careful in the future.

Tort FAQs

Can an act be both a tort and a crime? Yes, intentional torts can also be prosecuted as a crime.
How is tort law distinguished from criminal law? Tort law brings a civil case. (Civil means between people). Criminal law is represented by a branch of the government, representing the People, against the accused offender. Also, in a criminal proceeding, if the accused is found guilty of the crime, they can be imprisoned or executed. In a tort case, the remedy is monetary.
What are some examples of intentional torts? Intentional torts may include assault and battery, false imprisonment, fraud or deceit, trespass, defamation, or negligence – the last one being the most common type of tort.
What are some examples of negligence torts? Negligence torts may include slip and fall accidents, car accidents, motorcycle or pedestrian accidents, medical malpractice, and strict liability. Strict, or “absolute,” liability refers to situations where responsibility for an injury can be imposed on the wrongdoer without proof of direct fault. Strict liability is often used in product liability cases, dog attacks, or dangerous activities.

What are the benefits of tort law?

There are several key benefits to tort law.

The wrongdoer is compelled to fairly compensate the injured plaintiff; meaning that the plaintiff isn’t forced to absorb the losses caused by someone else’s actions.
Evidence is produced to reveal wrongdoing and make it known to the press and the public. This prevents others from being injured.
The decisive verdict sends a powerful message to stop or modify the offending behavior of a wrongdoer. A verdict not only compensates the plaintiff, but it also protects other people.

If you believe you have a case and want to discuss your situation with an experienced attorney, call Probinsky & Cole today.