A Torturous Journey Through Civil Law

Tort law, also known as civil law, is a subsection of our government that most citizens do not expect to experience. Understanding the different purposes of tort law and how they pertain to your every day actions is essential to keep yourself protected in the off chance that you catch, or must send, a lawsuit. Below you'll learn the categories of torts, the elements of a tort case, and the damages that come with it.

1. Negligent Torts

Negligent torts are where harm is caused by someone's failure to exercise the level of care that an average person would in similar circumstances. Unlike intentional torts, which we'll go into with detail later, negligent torts arise from carelessness or a lack of foresight. To establish a claim of negligence, the plaintiff must prove four key elements: that the duty of care was apparent for the defendant, breach of said duty, causation that the damages were avoidable if it were not for the defendant's actions, and proof of actual damage to the plaintiff ( this can be monetary, physical, emotional, etc.) Common negligent torts are car accidents, 'slip and falls', and product liability.

2. Intentional Torts

Intentional torts are a category of tort law where harm is caused by purposeful actions. In these cases, the defendant's actions are motivated and intended to cause harm or offense to another person. The key element in intentional torts is the intent to commit the act that leads to the plaintiff's injury or loss. Examples of these would be assault, defamation, fraud, and invasion of privacy. In intentional tort cases, the plaintiff must prove that the defendant acted with intent, meaning that the defendant knew, or should have known, that their actions would cause harm. The main goal of intentional tort law is to compensate the victim and prevent others from engaging in similar wrongful behavior.

3. Strict Liability Torts

Strict liability torts is where a party is held liable for causing harm regardless of fault, negligence, or intent. In these cases, the focus is on the nature of the activity or the inherent risks involved, rather than the defendant's conduct. Strict liability is often applied in situations where activities pose a significant risk to others, even when all possible precautions are taken. Strong examples of these kinds of torts would be the use of explosives, any harm caused to an animal under the defendant's care, and vicarious liability. Vicarious liability is when employers are held strictly responsible for the actions of their employees if they cause harm while acting in the scope of their employment. This principle is known as "respondeat superior" and applies even if the employer did nothing wrong. In these tort cases, the plaintiff show that the defendant's activity or product caused their injury.

Knowing about torts is incredibly essential in any situation, as it can help you assess where you fall and what you could be held liable in if anything goes wrong. The existence of tort law is incredibly essential to knowing what you're getting into and the possible consequences of your actions, which ring all the more true when you're an adult.

DISCLAMER: TORT LAW INCLUDES ALL CIVIL LAW EXCEPT CONTRACT DISPUTES.