Tort Law
What Is a Tort Law?
Tort law is the branch of the law that covers most civil suits. Sometimes referred to as the law of wrongful injuries, tort law compensates individuals injured by negligence, recklessness, intentional acts, or unsafe products. The word "tort" has its roots in the Latin "tortum," which means "twisted."
The three main categories of tort law include negligence, intentional harm, and liability. Legal challenges dealing with contracts fall under contract law.
Tort Law vs Criminal Law
Tort law differs from criminal law in that it deals with civil cases or cases between people. On the other hand, criminal law concerns a branch of the government representing the People against the accused.
In a criminal case, an individual who is convicted can be imprisoned. However, in a successful tort case, the convicted party must pay the injured party a sum of money to compensate for their injuries and losses. Sometimes, the court orders the wrongdoer to stop doing whatever caused the harm.
A plaintiff must prove breach of duty, causation, and damages in order to win a tort case.
- Breach of duty - Breach of duty happens when the wrongdoer does not comply with what their responsibility requires, either intentionally or through negligence.
- Causation - The plaintiff must show the court that the defendant's action or inaction caused their losses or injuries.
- Damages - Damages can include medical bills, lost income, pain, suffering, reduced enjoyment of everyday activities, and even loss of life. Additional punitive damages may be set as a way to punish the plaintiff beyond the scope of monetary compensation.
What Are the Types of Tort Law?
There are three main types of tort law –intentional, negligence, and liability.
An intentional tort occurs when an entity or individual knowingly engages in conduct that causes injury to another. Tort law examples that fall under the intentional category are:
- Assault
- Battery
- Defamation
- Fraud/deceit
- Trespassing
- False imprisonment
- Conversion
- Purposeful infliction of emotional distress
- Invasion of privacy
Cases of negligence, the most common type of tort, result not from deliberate action but from carelessness or failure of duty to another individual. Examples of negligence torts are:
Tort cases of strict liability involve actions that result in the eventual injury of another person. Intent is not a factor in these cases. The injured party need only establish that their injuries were directly caused by the product in question.
Examples of strict liability torts are:
- Defective products
- Unusually dangerous activities
- Animal attacks
Are There Drawbacks to Tort Law?
According to advocates of tort reform, many tort cases are based on flimsy evidence or are filed as a way to influence opinions and outcomes. They argue that frivolous lawsuits waste court time and taxpayer money.
However, others maintain that the benefits of tort law outweigh these potential problems. Tort law trials are open to the public, meaning many people can learn of a potentially dangerous product. A guilty verdict may do more than compensate the plaintiff. It may save other lives.
Helpful Resources:
Congressional Research Service - Introduction to Tort Law
What Is a Tort Law?
Tort law is the branch of the law that covers most civil suits. Sometimes referred to as the law of wrongful injuries, tort law compensates individuals injured by negligence, recklessness, intentional acts, or unsafe products. The word "tort" has its roots in the Latin "tortum," which means "twisted."
The three main categories of tort law include negligence, intentional harm, and liability. Legal challenges dealing with contracts fall under contract law.
Tort Law vs Criminal Law
Tort law differs from criminal law in that it deals with civil cases or cases between people. On the other hand, criminal law concerns a branch of the government representing the People against the accused.
In a criminal case, an individual who is convicted can be imprisoned. However, in a successful tort case, the convicted party must pay the injured party a sum of money to compensate for their injuries and losses. Sometimes, the court orders the wrongdoer to stop doing whatever caused the harm.
A plaintiff must prove breach of duty, causation, and damages in order to win a tort case.
- Breach of duty - Breach of duty happens when the wrongdoer does not comply with what their responsibility requires, either intentionally or through negligence.
- Causation - The plaintiff must show the court that the defendant's action or inaction caused their losses or injuries.
- Damages - Damages can include medical bills, lost income, pain, suffering, reduced enjoyment of everyday activities, and even loss of life. Additional punitive damages may be set as a way to punish the plaintiff beyond the scope of monetary compensation.
What Are the Types of Tort Law?
There are three main types of tort law –intentional, negligence, and liability.
An intentional tort occurs when an entity or individual knowingly engages in conduct that causes injury to another. Tort law examples that fall under the intentional category are:
- Assault
- Battery
- Defamation
- Fraud/deceit
- Trespassing
- False imprisonment
- Conversion
- Purposeful infliction of emotional distress
- Invasion of privacy
Cases of negligence, the most common type of tort, result not from deliberate action but from carelessness or failure of duty to another individual. Examples of negligence torts are:
Tort cases of strict liability involve actions that result in the eventual injury of another person. Intent is not a factor in these cases. The injured party need only establish that their injuries were directly caused by the product in question.
Examples of strict liability torts are:
- Defective products
- Unusually dangerous activities
- Animal attacks
Are There Drawbacks to Tort Law?
According to advocates of tort reform, many tort cases are based on flimsy evidence or are filed as a way to influence opinions and outcomes. They argue that frivolous lawsuits waste court time and taxpayer money.
However, others maintain that the benefits of tort law outweigh these potential problems. Tort law trials are open to the public, meaning many people can learn of a potentially dangerous product. A guilty verdict may do more than compensate the plaintiff. It may save other lives.
Helpful Resources:
Congressional Research Service - Introduction to Tort Law