Understanding the Different Types of Tort | John Brewer

A tort is a civil breach someone commits against another person resulting in a legal suit. It’s an omission or act that gives rise to harm or injury to someone, amounting to a wrong civil act for which the court imposes liability. There are two parties in a tort action. The tortfeasor (the defendant) or the party responsible for committing the act that results in injury. The plaintiff, the injured party. There are three categories of tort, intentional, negligent, and strict liability.

Intentional Torts

An intentional tort is when a person commits an act knowing it will result in injury. Intentional torts depend on the allegation that the tortfeasors committed acts and knew that their actions would result in harm or damages. Some common intentional tort examples are intentional inflicting emotional distress, assault, battery, and trespassing.

Negligent Torts

A negligent tort relies on allegations that the defendant did not apply the level of care, that someone reasonable would have done under a similar situation. It occurs when you don’t follow the level of care that reasonably prudent people would have followed to prevent foreseeable harm.

With negligent torts, there is no liability unless the plaintiff proves they were owed by the tortfeasor a duty of care, and there was a breach of that specific duty. Examples of negligent torts include slips and falls, auto accidents, medical malpractices, pedestrian accidents, and premises liability.

Strict Liability Torts

Claims related to ordinary negligence require the plaintiff to have something that proves the defendant breached the duty of care to cause injuries or damages. However, when the plaintiff bases their lawsuit on strict or absolute liability, they don’t have to prove negligence to the court to obtain compensation. To prove strict liability in tort, you only need to confirm that the tort occurred and the defendant is responsible for the omission or act.

Strict liability applies particularly in situations involving dangerous or hazardous activities. Common examples include product liability, dog bite claims, and more.

The best way to determine which type of tort to apply when someone violates your rights is to seek legal advice. Professional personal injury lawyers can investigate and prosecute your situation when harmed by a person, entity, or company. They can determine which type of tort applies to your situation.

Originally published at http://johnbrewerlaw.net on April 26, 2022.