What is a tort?


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Question:

What is a tort?

Answer:

Torts are civil wrongs or breaches of duty owed under the law that cause physical, psychological, emotional or legal harm or injury to another party. A tortfeasor is the one that commits the wrongful action. Tort claims are filed by injured parties or plaintiffs in court against individuals or businesses that commit civil wrongs, known as tortfeasors or defendants. Examples of injuries include physical pain, suffering, loss of wages and medical costs. Torts are classified into three categories: 

  • Intentional
  • Negligent
  • Strict or absolute 

Types of Torts--Defined  

An intentional tort is one that is committed on purpose with the intention of harming another person, such an assault, battery, misrepresentation, fraud or false imprisonment. A negligent tort is one that is caused by negligent conduct of the tortfeasor towards another, such as injuries caused by the tortfeasor's recklessness and carelessness. Strict or absolute liability occurs when a manufacturer manufactures a product that is dangerous or defective and causes physical harm or injury to another.   

Causing Harm 

Environmental or noise pollution that causes harm to the public is also part of tort law. Tort laws seek to compensate victims who are injured or harmed and punish the tortfeasors by awarding plaintiffs judgments against tortfeasors that include punitive damages. They are also designed to discourage tortfeasors from committing further acts of similar injuries. 

Getting Help 

Tort laws are complex. It is recommended that you hire an attorney to represent you in a tort action and to assert legal defenses on your behalf in court. The attorney is an expert on tort laws and can explain them to you and how they relate to your case. The attorney can advise you of your legal rights and remedies.   

 

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