What is Tort Law?
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Tort law is an important component of civil law. It is important to understand what tort law is so that you know whether you may have suffered one of the three types of torts. These include intentional torts, negligent torts, and strict liability torts. While torts are not crimes, those who are the victims of courts can still seek justice. An experienced attorney will help you achieve the best results in your tort case.

Read on to learn more about tort law.

Defining Tort Law

A tort is an act (or an omission) that causes harm or injury to another. For an act to be defined as a tort, a court has to determine that the party who committed the act is liable for the harm or injury caused. In this context, “harm” has a detrimental effect on an individual. “Injury” is the infringement of any legal right.

The Three Types of Torts

Intentional Torts

An intentional tort is an act intended to cause harm or injury. The intent can be to cause harm or injury in general or to cause a specific injurious effect. Many intentional torts are also criminal offenses. The victim of a court can both press criminal charges and file a civil suit.

There are quite a few acts that can be considered intentional torts. These acts include intentionally causing emotional distress, battery, assault, trespass, and false imprisonment. Both trespassing on land and trespassing upon other types of property can be considered intentional torts.

Negligent Torts

Negligent torts do not involve an intention to cause harm on the part of the plaintiff. Instead, a negligent tort involves failing to act with the level of care that a prudent person would have. For example, causing a traffic accident by running a red light might be a negligent tort.

Unlike intentional torts, negligent torts can involve both acts and the omission of acts. For example, failing to help someone you’ve accidentally injured could be a negligent tort.

Courts will look at four different factors to determine whether a plaintiff acted negligently. The plaintiff must have had a legal duty, they must not have fulfilled this legal duty, the defendant must have suffered an injury, and it must be proven that the plaintiff caused the injury. All four of these factors must be established for a negligent tort case to succeed.

Strict Liability Torts

Strict liability torts are when a defendant is liable for harm caused by a certain action due to the action being inherently dangerous. The best-known strict liability tort cases involve class action lawsuits against a manufacturer whose defective product caused harm. Other strict liability torts may involve injuries caused by dangerous pets or by engaging in activities that are known to be dangerous.

Remedies for Those Who Have Suffered Torts

Injured parties may be entitled to monetary compensation if they have been the victim of a tort. Such compensation often includes considerations for medical bills, lost wages, pain and suffering, and loss of future earnings. While damages are often only intended to be compensatory, courts sometimes assess punitive damages to try to prevent similar torts from happening in the future. This is most commonly seen in cases against large corporations who may otherwise continue committing torts.

While monetary compensation is certainly the best-known remedy for a tort, other remedies do exist. Some plaintiffs may seek an injunction to stop the defendant from committing torts. This requires the court to intervene to stop an action that is already occurring or which may occur in the future.

Differences Between Torts & Crimes

Crimes are acts against society or the government. Criminal penalties are intended to enforce public justice. In contrast, torts are intended to provide remedy to compensate those who have suffered from private offenses. The focus of tort law is on compensating victims rather than on punishing offenders. This is why a single act, such as assault, can be the focus of both a civil suit and a criminal prosecution. This way, the victim can be compensated and the offender can be punished.

Contact the Barnwell Law Group For Your Tort Case

If you believe you may have suffered a tort and you want to pursue all legal remedies, you should hire an experienced lawyer. Barnwell Law Group is experienced in tort cases. Contact Barnwell Law Group today to learn more about how we can help guide you through your tort case.

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