Keith Mack
Tort law covers a wide range of civil suits, excluding contractual disputes. The purpose of tort law is to provide relief to victims for harms caused by others, usually in the form of monetary damages. Tort law can be split into three categories: negligent torts, intentional torts, and strict liability torts. Negligent torts refer to harms caused by the failure of another party to exercise reasonable care, such as in car accidents or medical malpractice. Intentional torts involve willful misconduct, including assault, fraud, and theft. Strict liability torts focus on the act itself rather than the culpability of the person, such as in cases of defective products. Other examples of cases covered by tort law include wrongful death, motorcycle accidents, trespass, and violations of privacy or constitutional rights.
| Characteristics | Values |
|---|---|
| Purpose | To compensate individuals who suffer harm as a result of the actions of others |
| Type of harm | Physical, emotional, economic, reputational injuries, violations of privacy, property, or constitutional rights |
| Examples | Automobile accidents, false imprisonment, defamation, product liability, copyright infringement, environmental pollution, wrongful death, medical malpractice, slip and fall injuries |
| Categories | Negligent torts, intentional torts, strict liability torts |
| Tort cases | Civil cases, not criminal cases |
| Compensation | Monetary compensation, injunction |
| Defendants | Multiple defendants |
| Time limit | Yes, known as the "statute of limitations" |
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What You'll Learn
Negligent torts
To establish a claim of negligent tort, the following elements generally need to be proven: Duty of care, breach of duty, causation, and damages. Firstly, the defendant (the person being sued) must owe a duty of care to the plaintiff (the person filing the lawsuit). This duty of care typically arises from the general expectation that individuals should act reasonably and avoid causing harm to others. The duty of care is determined based on the circumstances of each case, such as the relationship between the parties involved and the level of risk involved.
Secondly, the defendant must have breached their duty of care by failing to act reasonably or by engaging in conduct that falls below the expected standard of care. The specific standard of care varies depending on the circumstances and the relationship between the parties involved. Thirdly, the defendant's breach of duty must have been the direct cause of the plaintiff's injuries or harm. This element requires demonstrating that the harm suffered was a reasonably foreseeable consequence of the defendant's actions or omissions.
Lastly, the plaintiff must have suffered actual damages or injuries as a result of the defendant's negligence. These damages can be physical, emotional, or financial in nature. Damages available for intentional torts tend to be broader and more generous than in negligence cases.
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Intentional torts
Tort law covers most civil suits, excluding contractual disputes. It aims to compensate victims for harms done to them by another party, rather than punishing the wrongdoer. This compensation usually comes in the form of monetary damages.
Common intentional torts include battery, assault, false imprisonment, trespass to land, trespass to chattels, and intentional infliction of emotional distress. For example, in Garratt v. Dailey, a young boy pulled a chair out from under an elderly woman, causing her to fall and injure herself. The boy was liable for the intentional tort of battery, even though he did not intend to harm the woman.
Another example of an intentional tort is a ruling between the website Gawker and professional wrestler Hulk Hogan. Gawker was deemed to have intentionally invaded Hogan's privacy, and he was awarded $140 million in damages.
To prove an intentional tort, the plaintiff must demonstrate intent, an act, cause, and harmful or offensive contact. This differs from negligent torts, where the plaintiff must prove that the defendant violated a general duty of care.
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Strict liability torts
To prove a strict liability tort in court, the plaintiff must demonstrate several key factors. Firstly, they must show that they suffered actual harm or injury. Secondly, they need to establish a direct link between the defendant's activity or product and the harm caused, which often involves expert testimony to substantiate the inherent risks. Finally, they must prove the occurrence of the harmful act or omission by the defendant.
It is important to note that strict liability torts differ from strict liability crimes, which fall under criminal law. While the concept of strict liability remains similar across civil and criminal courts, torts are civil wrongs that aim to compensate victims for their losses, while criminal law aims to punish individuals who commit crimes.
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Personal injury
In personal injury cases, the injured party, also known as the plaintiff, must establish that the defendant owed them a duty of care, breached that duty, and caused their injuries. For example, doctors and other medical professionals owe their patients a duty to provide treatment in accordance with the standards of their profession. Failure to provide this standard of care can constitute a specific form of negligence known as medical malpractice.
In addition to negligence, personal injury law also covers intentional torts, where a person deliberately harms another person or their property. Examples of intentional torts include assault, battery, false imprisonment, and defamation.
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Wrongful death
Tort law covers most civil suits, excluding contractual disputes. The purpose of tort law is to provide relief and redress for the wrongful acts of others, usually in the form of monetary damages as compensation. Tort law can be split into three categories: negligent torts, intentional torts, and strict liability torts.
Each state has its own wrongful death statute, and the details of these statutes vary significantly. In some states, the family of the deceased must bring two types of claims: a "wrongful death" claim to recover the "full value of the life" of the deceased and a survival claim to recover funeral expenses, pain and suffering, or punitive damages. Certain family members may be entitled to recover damages for medical expenses, transportation, surgery, hospitalization, and lost income.
The statute of limitations for wrongful death claims also varies by state. For example, Oregon has a three-year statute of limitations, while North Carolina has a two-year statute of limitations. One challenging issue in wrongful death claims is whether a claim can be founded upon intentional infliction of emotional distress that caused the decedent to commit suicide. California was the first jurisdiction to allow such a claim in 1960, followed by Mississippi, New Hampshire, and Wyoming.
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Frequently asked questions
Tort law covers most civil suits, with the exception of contractual disputes. It covers civil wrongs, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law aims to compensate individuals who suffer harm as a result of the actions of others.
Tort law can be split into three categories: negligent torts, intentional torts, and strict liability torts. Negligent torts are harms done to people through the failure of another to exercise a certain level of care, usually defined as a reasonable standard of care. Accidents are a standard example of negligent torts. Intentional torts are harms that have been caused by the willful misconduct of another, such as assault, fraud, theft, and invasion of privacy. Strict liability torts are not concerned with the culpability of the person doing the harm but rather the act itself. If someone or some entity commits a certain act, that person or company is responsible for the damage done, regardless of the level of care exercised or their intentions.
Some examples of cases covered by tort law include car accidents, medical malpractice, slip and fall injuries, wrongful death, motorcycle accidents, truck accidents, false imprisonment, defamation, product liability, copyright infringement, and environmental pollution (toxic torts).
