Tort

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. Torts are state laws that let people who get injured sue the person who caused the harm. The boundaries of tort law are defined by common law and state statutory law and judges, in interpreting the language of statutes, have wide latitude in determining which actions qualify as legally cognizable wrongs, which defenses may override any given claim and the appropriate measure of damages.

There are two main types of torts: intentional and unintentional. The primary difference between the two is the difference in the mindset of the person committing the wrong. For intentional torts, the focus is on whether someone intended to do something bad to someone else. For unintentional torts, the focus is on whether someone acted unreasonably even though they did not intend to hurt someone else.

• Scenario 1: Jimmy swung his bat and hit Matt in the head because he was angry that Matt used his favorite pencil.
• Scenario 2: Jimmy swung his bat to hit a baseball and accidentally struck Matt in the head on his follow through.

There are also strict liability torts, that focus on the making and selling defective products, as well as numerous specific torts like assault, trespass, negligence, etc.

If someone commits an intentional tort then they will have to pay the injured person. Obviously, Scenario 1 would classify as intentional. But if someone acts unintentionally, much like Jimmy in Scenario 2, we must look at their actions and figure out if they were reasonable. Oftentimes, things are not as clear cut as these scenarios and determining the “reasonableness” of a person’s actions can be difficult to ascertain.

Torts are distinguishable from crimes, which are wrongs against the state or society at large. The main purpose of criminal liability is to enforce public justice. In contrast, tort law addresses private wrongs and has a central purpose of compensating the victim rather than punishing the wrongdoer. The keys to a tort lawsuit:

• Existence of a legal responsibility owed by an individual to another individual
• Breach of the duty by one individual
• Breach of the duty being the proximate cause of loss and damages suffered by an individual
• Loss of damages incurred by an individual

In the majority of tort cases, the court will award compensatory damages to an injured party that has successfully proven his or her case. The compensatory damages are typically equal to the monetary value of the injured party’s:

• Loss of earnings
• Loss of future earning capacity
• Pain and suffering
• Reasonable medical expenses