Tort Law: Who does it apply to?

If you’re wondering “what is a tort?” or “what is tort law?” you’re not alone. Here, we’ll be answering these questions along with a few others so you can have a better understanding of the term.

What is tort law?

If you’re wondering “what is tort law?” and think it might be an extremely difficult legal concept to understand, don’t worry. Tort law is actually very simple. It’s an area of the law that covers most civil suits that involve someone claiming damages against someone else for physical or financial injuries.

Tort law is based on a concept that seeks to reconcile any wrongdoing that an individual has experienced as a result of the wrongful act(s) of another. The matter is typically redressed with monetary damages being awarded as compensation, with the intent being for full compensation being provided for all proven harms. Tort law requires those who are found to be responsible for harming others to compensate their victims. This can mean paying for past or future income, covering medical expenses, and payments for pain and suffering. These would be considered compensatory damages. The defendant may also have to pay additional punitive damages if they acted in a reckless or outrageous manner – conduct that exhibit a total disregard for the safety of others in the events that led to injury.

Because it seeks to remedy injury, damages, or losses with monetary compensation, tort law is considered a form of restorative justice. In addition to providing relief for injury or harm and imposing liability to the party responsible for said injury or harm, tort law also serves as a way to deter others from committing harmful acts. Tort laws vary by state, but many courts utilize the Restatement of Torts (2nd) as a guide.

What is a tort?

While we’ve answered the “what is tort law?” question, we wanted to specify what counts as a tort in most situations.
The term is rather broad, as it refers to any act or omission that results in injury or harm to another individual and is considered a civil wrong for which courts impose liability. As it applies to torts, “injury” describes an invasion of any legal right, and “harm” refers to any factual loss or detriment that an individual suffers.

There are three general categories that a tort can fall into – intentional torts, negligent torts, and strict liability. Additionally, there are specific torts for different actions, like assault, battery, trespass, defamation, and many more examples.

What is an intentional tort?

What is an intentional tort? It’s actually pretty self-explanatory. The term refers to an instance where a person wrongfully and purposely acts in a way that causes harm to another. For an intentional tort claim to be valid in most courts, a person must have had intent to commit a wrongful act, however, they don’t need to have intended to cause the eventual outcome. Some of the most common forms of intentional tort include battery, false imprisonment, assault, and trespass.

What is negligence in tort law?

If you’ve been wondering, “what is negligence in tort law?” here’s your answer. Negligence in tort law refers to situations where one party fails to take reasonable care to avoid causing damage to another, and it applies to both individuals and businesses. In order for a person to successfully sue for negligence, they must consider four factors – duty of care, breach of duty, causation, and damage. Duty of care is a legal obligation that has been imposed upon an individual that requires them to adhere to a standard of reasonable care while they perform acts that could harm others. Breach of duty happens when an individual fails to meet these reasonable standards of care. Causation and damages are the harm a person experiences and whether or not the harm was the result of a breach of duty.

Do you feel you’ve been the victim of some form of some intentional wrongdoing at the hands of another? Let us help you get the compensation you deserve. Contact Whalen Injury Lawyers today to learn more.