What Is a Tort?

A tort is a civil wrong that allows an injured person to seek compensation when someone else’s actions cause harm. Tort law covers far more than car accidents or personal injury cases. It can involve property damage, financial losses, defamation, medical malpractice, dangerous products, and intentional misconduct. Tort law provides a way to hold others legally accountable.

Most people encounter tort law before they know the legal term. A slip and fall at a grocery store, a dog bite, a business dispute involving fraud, or a social media post that damages someone’s reputation can all turn into tort claims. These cases aren’t about criminal punishment; they’re about whether the person or business should pay for harm they caused to another.

Understanding the different types of torts can help you recognize when you may have the right to sue or when you may need to defend yourself in court. For legal help with a tort claim or lawsuit, speak with a personal injury attorney through the Super Lawyers directory.

What Is a Tort?

A tort is a civil wrong that causes harm or loss to another person and entitles the injured party to seek compensation in court. Tort law governs wrongful acts between two private parties. The primary purpose is to compensate victims while holding wrongdoers legally accountable.

Tort claims can involve physical injuries, financial losses, property damage, reputational harm, or violations of personal rights. Tort law is established at the state level, with each state passing its own set of laws. While there is commonality, it’s crucial to learn your state’s laws.

Main Categories of Torts

What you must prove in a tort claim can vary by state and the type of tort, but tort law generally falls into three primary categories: Negligence torts, intentional torts, and strict liability torts.

Each category involves different legal standards and different ways a person or business may be held liable for harm caused to another.

Negligence Torts

Negligence is the most common basis for tort claims. A negligence tort occurs when someone fails to act with reasonable care under the circumstances and causes harm to another person.

Most negligence claims involve four basic elements:

1. Duty of care
2. Breach of that duty
3. Causation
4. Damages

Many personal injury lawsuits are based on negligence. Common examples include car accidents, slip-and-fall accidents, medical malpractice, nursing home negligence, and professional malpractice.

Intentional Torts

An intentional tort involves deliberate conduct that harms another person or interferes with their rights. In these cases, the focus is on whether the defendant intentionally committed the act that led to the harm.

Examples of intentional torts include:

• Assault and battery
• Trespassing onto another person’s property
• False imprisonment
• Defamation
• Intentional infliction of emotional distress

These claims often involve disputes over personal rights, safety, reputation, or property. Depending on the circumstances, intentional torts may also lead to criminal charges.

Strict Liability Torts

Strict liability applies when a defendant may be legally responsible for harm even if they acted carefully or did not intend to cause injury. These claims commonly involve:

• Defective products
• Dangerous animals
• Abnormally dangerous activities

In product liability cases, manufacturers or sellers may be liable for injuries caused by manufacturing defects, defective product designs, or failure to provide adequate warnings about the product’s risks. It’s common for product liability claims to be mass torts. This is when multiple plaintiffs come together in civil litigation to recover damages for all plaintiffs’ injuries.

Types of Harm Covered by Tort Law

Tort law covers a broad range of harm beyond physical injuries. Many claims involve personal injuries caused by car accidents, unsafe property conditions, workplace incidents, or other negligent conduct. Tort claims can also arise from damage to homes, vehicles, land, or other personal property, including disputes involving trespass or nuisance.

Some torts involve purely financial or reputational harm. Fraud, misrepresentation, professional negligence, interference with contracts, and other business-related disputes may lead to civil liability even when no physical injury occurred.

Tort law also protects against reputational and privacy-related harms, including defamation, false light claims, and invasion of privacy.

Criminal Law vs. Tort Law

Tort cases are claims between private individuals, entities, or businesses. Plaintiffs seek to recover damages from the defendant for injuries or losses.

Criminal cases, by contrast, are filed and prosecuted by the government. A prosecutor tries a case in criminal court to seek punishment for an individual who violated the law. When the defendant is found guilty, they face penalties such as fines, jail, or prison, as well as community service or other punishments.

Can Someone Face Both a Tort Claim and Criminal Charges?

Yes, someone can face criminal charges and a civil tort claim for a single incident. This can happen when the conduct violates the law and causes injury to another person.

Common examples of when this happens include a drunk driving accident, fraud, or assault. The criminal case punishes the defendant for violating the law and committing wrongdoing against society. The civil tort claim’s purpose is to compensate the injured party for their losses.

What Compensation Is Available in Tort Cases?

An injured party has several possible avenues for recovery when making a tort claim. The specific damages available will depend on the circumstances of the case and the state in which it is filed. States may not allow all types of damages or place limits on the total value of damages awarded.

Compensatory Damages

The most common remedy in a tort case is compensatory damages. These damages are designed to cover the financial, physical, and emotional harm caused by the defendant’s actions.

Some losses are easy to calculate, such as medical bills or property damage, while others are more subjective, including pain and emotional suffering. Categories of compensatory damages include:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property repair or replacement
• Pain and suffering
• Emotional distress

Punitive Damages

Unlike other damages that are designed to make the victim whole, punitive damages are meant to punish the defendant. They are typically awarded when the defendant engages in egregious intentional misconduct or reckless conduct.

Equitable Remedies

In some cases, a monetary award isn’t appropriate or won’t address the problem. In these situations, an injunction ordering the defendant to perform a specific action or refrain from a harmful action would be appropriate.

For example, a court could order a defendant to perform their obligations under a contractual agreement. These orders are known as equitable remedies.

Defenses to Tort Claims

While a plaintiff can bring their complaint to court, a defendant is allowed to present their own evidence to counter the plaintiff’s claims. There are many possible defenses, which depend heavily on the claims and parties involved.

For example, the defendant could claim the plaintiff assumed the risk or consented to the defendant’s actions that led to their injury. Or the defendant may present evidence showing that the plaintiff was also negligent.

Plaintiffs in contributory negligence state that they are barred from recovery if they are even 1% at fault. In states that use a version of comparative negligence, the defendant can reduce the plaintiff’s damages by showing they were negligent. In some states, if the defendant can show that the plaintiff was more than 50% at fault, the plaintiff cannot recover.

Another possible defense is to claim the statute of limitations. If the plaintiff waits too long to recover, the statute of limitations may have run, preventing them from bringing their claim.

Speak With a Personal Injury Attorney

Tort law provides a means for people to pursue justice when another person’s actions cause harm. Whether a case involves negligence, intentional misconduct, property damage, financial loss, or reputational harm, these claims can quickly become legally and financially complicated.

Understanding how tort law works is only the first step. Building a strong case, protecting your rights, and responding to legal claims often requires experienced legal guidance. Use the Super Lawyers directory to find a personal injury attorney who can handle your case.