Written on Jun 7, 2022 1:30:22 PM
What is a Tort? An Overview of Tort Litigation
What is a Tort? What is a tort claim?
These are questions I hear a lot. A tort is a civil wrong that has caused harm to a person or property. When a tort is committed, there can be a resulting “Cause of Action." To state a “cause of action," a party must allege facts that support every “component" of the “cause of action." These “components" are called ELEMENTS. When a party has alleged facts that cover every element of the cause of action, that party has stated a Prima Facie Case and may pursue recovery under Tort Law.
Tort litigation is a major part of our legal system. This area of litigation falls roughly into three categories (although there may be some overlap among the three).
1. Routine Personal Injury. The clearest example of a routine personal injury matter is an automobile accident.
2. High Stakes Personal Injury. Product Liability, Medical Malpractice, and Business Torts are the main High Stakes Personal Injury Cases. An award in such a matter has the potential to be substantial. The reasons being that the injuries in such matters tend to be more serious, Defendants in these matters usually have more money (deeper pockets), and Plaintiffs’ attorneys have invested more of their energies and funding and hence have an opportunity to earn more if the factual situation is right.
3. Mass Latent Injury. Most of these types of cases are also product liability cases but on a broader scale. The injuries in mass latent injury cases are usually not discovered immediately. Once discovered, however, the number of potential suits can become enormous. For example, asbestos claims. These are an example of this category of tort.
Categories of Torts
There are three main categories of Torts. Note: these categories are not ironclad. There are some Torts that overlap the categories.
In these Torts, the Defendant either desired to bring about the result or knew with substantial certainty that the result would follow from what he or she did…or in some cases, failed to do. Examples are assault, battery, false imprisonment, etc.
Negligence (in its simplest definition) covers all types of harm due to conduct that was unreasonable under the circumstances.
If a Defendant engages in certain kinds of conduct that cause harm, liability will result irrespective of intent, negligence, or innocence. An example would be carrying on an abnormally dangerous activity such as Dynamite Blasting.
If an individual (Plaintiff) is injured because of the explosion of the Defendant’s Dynamite, the latter will be responsible (liable), regardless of whether the Defendant desired to injure the Plaintiff (intent), and regardless of whether the Defendant acted unreasonably in setting off the explosives (Negligence). However, it is sometimes difficult to distinguish strict liability from Negligence, especially in the area of Product liability.
Lowman Law Firm is Here For You
Need to speak with an experienced attorney? The personal injury attorneys at Lowman Law Firm can help you navigate the complex challenges of the legal system to ensure your rights are protected. We serve all of Florida, with offices in Citrus County, Hernando County, Hillsborough County, and Pasco County. Not able to come to us? We’ll come to you! We offer free home and hospital consultations. And, there’s never a fee until you win your case.