A tort is a civil claim where a claimant has suffered damages due to the actions of the person who committed the act. In this type of claim, the person who committed the act can be held legally liable. The losses incurred by the claimant may be financial, physical injuries, emotional distress, invasion of privacy, and others. Basically, a tort claim is an act committed by one person that causes harm to another.
Types of Torts
There are several different kinds of torts.
Intentional torts can include fraud, misrepresentation, slander, libel, false imprisonment, assault and battery, and wrongful death claims. They are actions that were deliberately taken. A tort may result in a civil suit where the defendant can be found liable and ordered to pay monetary damages to the plaintiff.
A negligent tort is a failure to act the same way a reasonable person would act to whom they owe a duty of care. Negligent torts are not intentional or deliberate. There must also be an injury that is the result of the breach of that duty.
Examples of negligent torts are motor vehicle accidents, dog bites, medical malpractice cases, slip and falls, and wrongful death cases. For example, a doctor does not double check their chart and operates on the wrong part of your body.
Strict Liability Torts
Strict liability refers to cases where one party has liability for an injury, regardless of whether they acted negligently or not. Defective products, dog bites or animal attacks, and extremely dangerous activities can be examples of strict liability torts. As an example, a defective product injures a customer. Because strict liability laws hold the manufacturer responsible in most cases, the customer does not need to prove the manufacturer acted negligently to recover compensation.
Types of Tort Law
To prevail in a tort case, the claimant must prove that they suffered injuries and they were due to some action on the defendant’s part. In many cases, the claimant needs to prove negligence to recover compensation.
There are several different types of tort law, including:
- Intentional torts
- Property torts
- Nuisance torts
- Liability torts
- Economic torts
A tort claim can also be brought against the United States federal government or any branch of the government, including the U.S. Department of Veterans Affairs (VA), for money damages due to property loss, injury, or death.
Call the Law Offices of Wolf & Pravato Today
If you have been injured due to another person’s action or failure to act, whether intentional or as a result of their negligence, call the Law Offices of Wolf & Pravato at (954) 633-8270 for a free case consultation.