Tort Laws Decoded

Tort law pertains to any act committed by an individual or corporation that causes physical or emotional injury to someone. Tort laws refer to civil wrongs done to an individual or property. Contract disputes do not fall within the scope of tort law.

Tort law differs from criminal law in various aspects. In the case of tort cases, the injured party sues the individual/corporation responsible for the damage. On the other hand, in a criminal case, the government prosecutes the accused. In tort cases, the guilty party is required to pay compensation. However, in a criminal case, the criminal guilty of a crime may face punishments such as fines, imprisonment or restitution, etc.

However, one thing needs to be borne in mind that not all damages/ injuries qualify as torts. In your interaction with others, you may face emotional distress or minor damages, but they need not necessarily be reason enough to sue the party responsible for it. It is best to consult a civil lawyer who can assess whether you have the right to sue or not for the harm that you or your property may have suffered.

There are 3 Types of Torts:

  1. Intentional: This is when the defendant in the case acted intentionally to cause damage/injury to the victim.
  • Negligence: A case is considered one of negligence if the injury or damage was caused unintentionally due to the irresponsible behavior of the defendant.
  • Strict Liability: In the case of strict liability, charges are pressed against the accused irrespective of the intent.

The damages caused to the plaintiff in the case may be lost wages, expenses incurred due to the act, or the pain and suffering caused.

The most common types of injuries caused to an individual in tort lawsuits include:

Wrongful death: When the victim dies because of the intentional or irresponsible actions of another. One example could be reckless driving where someone gets hit and loses their life.

False imprisonment: This is typically when someone intentionally confines or restrains the victim infringing his right to travel or move freely.

Assault: Assault is when an individual or corporation causes the victim to have apprehension or fear of attack by the individual.

Battery: When the defendant applies force on the victim leading to harmful conduct.

Mental distress: Mental distress may be caused by intentional infliction of emotional distress, libel, slander, or intrusion of privacy.

The injuries caused to property may be:

Disparagement: This is when someone makes false or injurious statements that discredit the reputation of another’s property/product/business.

Public or private nuisance: Nuisance to a property is when the acts of an individual interfere with the use and enjoyment of the property. A nuisance may be caused to private property or public property.

Trespassing: The unlawful appropriation of someone’s property without the owner’s permission.

Fraud or misrepresentation: It is when there is an intentional misrepresentation of material fact to the detriment of the victim.

Besides these, there are several other acts that fall under the purview of tort law. An accomplished civil lawyer can help you if you are facing charges.

Autrey Law Firm has a team of experienced lawyers who have expertise in tort laws. Call us Now!