A tort is when a civil wrong is committed against an individual or legal entity. This is a legal cause of action by which an individual is eligible to claim compensation through the legal system. Individuals have certain interests protected by law under tort law. The protection will award monetary compensation (damages) in exchanges for infringement of protected interest. Several cases are crimes punishable with imprisonment, but the majority of cases are designed to provide relief for suffered damages. Damages may include present and future losses due to the injury to the victim.
These are acts committed by the defendant in which they knew or should have known there would be harm. Intentional torts include assault, oral defamation, trespassing, and emotional distress.
These torts refer to unsafe actions that lead to personal injury. Car accidents are one of the most common negligent, especially if one party intentionally disobeyed traffic laws. Slip and fall claims often fall under negligent as well. Medical malpractice is another example of a negligent tort. Workplace accidents are considered negligent as employers are in violation of providing a safe workplace to their staff.
Strict Liability Torts
Strict liability torts related to action that leads to damages. Defective products are common strict liability torts as are accidents related to flammable liquids and other hazardous activities.
What You Need to Know
The victim will need to prove the liabilities of the defendant in a court of law meaning you will need to present proof that the actions of the defendant were in malice or intent. Hiring a good attorney to help you in this situation is essential to your case. Here are some things you will need to prove to a court of law:
- The defendant failed in their ability to perform their duties or responsibilities
- Injury occurred due to the failure of the defendant
- Injury could have been prevented if proper care had been exercised by the defendant
The process can become complex. The best thing you can do is hire an attorney who will fight for your legal rights and help you obtain the best settlement offer. Our Layton attorneys are knowledgeable on all types of law and we can guide you through the process. Call our office for a consultation pertaining to your tort law case.