When a person causes damage to your health, property, or well-being, you can seek compensation through a personal injury attorney in a tort lawsuit. A tort is basically a civil wrongdoing by one party against another. As they are a civil action between private parties, there is no fine or incarceration when dealing with torts. Here is a brief overview of the different types of torts.
As the name suggests, an intentional tort is an act that is done by one party to deliberately cause harm to another party. Notable examples include trespassing, invasion of privacy, battery, and assault. The court will consider the behavior of the defendant during the tort to determine whether his or her actions were malicious or simply reckless misconduct not specifically meant to cause damage or injury. If you are the plaintiff in an intentional tort, the success of your case will depend on your ability to prove intent.
Everyone has a personal responsibility to act in a certain, acceptable manner to avoid causing harm or injury to another person. Whether you are driving, working, or simply shopping, it is your duty to maintain reasonable standards that, when ignored, would lead to foreseeable damage to another party. Failure to exercise these standards is known as negligence.
Common examples of negligence torts include vehicle accidents, slip and fall accidents, pedestrian accidents, and medical malpractice. In most negligence torts, there is usually a contractual relationship (either expressed or implied) between the parties involved. For instance, a bank to a customer, employer to employee, and doctor to patient. Essentially, there are three main requirements to prove a negligence tort:
- The defendant owed a duty or service to the victim or plaintiff
- The defendant violated that duty to the plaintiff
- The defendant’s actions caused direct harm, damage, or injury to the plaintiff
Strict Liability Torts
Strict liability applies when one person places another one in danger by being in possession of a dangerous weapon, product, or animal, even in the absence of intent or negligence. Say, for instance, that you owned a dog that got out of the house and bit a passerby. Even if you did not let the dog out, you will still be held responsible for the incident simply because of ownership.
Engaging in an abnormally dangerous act can also lead to a strict liability tort. Abnormally dangerous acts include any actions that present a significant risk to yourself and other parties. An excellent example is blasting a quarry with dynamite. Keeping in mind that negligence does not have to be proven, the court will consider whether:
- The act is dangerous enough to cause harm or damage to a person or property
- It was possible to mitigate the risk by taking reasonable caution
- The act is commonly practiced in that particular location
If you find yourself tangled in a tort lawsuit, consulting a legal professional can help resolve the issue as soon as possible and, if necessary, prevent future occurrences. Tanika L. Finney is a highly dedicated attorney that will work around the clock to take the stress from you. Contact her today at 334-246-4170.