Defining a Tort

A tort is a wrongdoing that results in injury to another person or damage to property. Torts differ from crimes in that crimes are punishable by the state in criminal court, whereas torts generally allow individuals to seek compensation for their injuries in civil court. Some acts can be both a tort and a crime. For instance, threatening to seriously injure someone is, in tort law, an assault; the victim may be able to sue the perpetrator in civil court for compensation for the emotional distress caused by the tortious assault, while the state may seek jail time for the perpetrator in a criminal court.

In order to win a tort lawsuit, the plaintiff (the person who initiates the lawsuit) must show that the defendant (the person accused of wrongdoing in the lawsuit) had a duty to act in a particular manner, breached that duty, and actual damages or injuries occurred as a result of the breach.

The Three Types of Torts: Negligence, Intentional, and Strict Liability

There are three types of tort lawsuits that are available to plaintiffs seeking compensation for injuries.  The difference in torts depends not only on the actions of the defendant, but also on the conditions surrounding the incident.

• Negligent torts are careless acts that cause injuries or damage to another, and a plaintiff will need to show all the elements of negligence in order to succeed. Negligence torts are the most common, and an example of one is injury after a driver looks down at the radio and hits another car because he was not watching the road.
• Intentional torts are intentional acts that result in harm to others. In these cases, the court must consider the defendant’s mind set and whether or not he acted with the intent to perform the act that caused the harm. An example of an intentional tort might be purposefully punching someone in the face and breaking his nose during a fight.
• A strict liability tort is one in which the defendant will be held responsible simply because the act occurred, regardless of other factors. An example of this might be a legal finding that a person who keeps wild and dangerous animals on his property is completely responsible for any injuries or damage the animals cause, no matter how careful the owner is in trying to prevent harm.

Contacting an Attorney

Tort laws can be complicated and vary from state to state. If you believe you have a tort claim or are being sued for a tort, look for an attorney with expertise in handling your specific issues to discuss your situation and any legal rights and remedies that may be available to you.

Case Studies: Examples of Tort Lawsuits

Case Study 1: Slip and Fall Accident

A customer slipped and fell in a grocery store due to a wet floor that was not properly marked.

The plaintiff argues that the store had a duty to keep its premises safe for customers and breached that duty by failing to address the hazard.

The plaintiff suffered injuries and seeks compensation for medical expenses and pain and suffering.

Case Study 2: Defective Product

A consumer purchases a new electronic device that malfunctions and causes a fire in their home, resulting in property damage and personal injuries.

The plaintiff alleges that the manufacturer of the device had a duty to produce a safe and reliable product but breached that duty by allowing a defect to exist in the device.

The plaintiff files a lawsuit seeking compensation for property damage, medical expenses, and emotional distress.

Case Study 3: Medical Malpractice

A patient undergoes surgery and suffers complications due to a surgeon’s negligence.

The plaintiff argues that the surgeon had a duty to provide a certain standard of care, breached that duty by making an error during the procedure, and as a result, the patient experienced additional health issues and incurred significant medical expenses.

The plaintiff seeks compensation for medical bills, lost wages, and pain and suffering.