The Basics of Tort Law

There are three fundamental categories of torts: 

Intentional torts

It was purposeful when the defendant knew they would hurt someone else. Both bodily injury and mental pain are examples of this. It can also be used in cases of deliberate property damage. Intentional torts include, for instance:

Assault

In terms of tort law, an attack is when someone threatens or tries to hurt someone else without actually touching them. Assault and battery, defined below, vary in that assault can occur without someone being touched.

Battery

While an assault involves a threat of violence, a battery is when that threat is carried out by making physical contact with the victim. The interaction could be hurtful or disrespectful. The battery is a crime that carries both civil and criminal penalties. Intention, contact, and harm—which can be either emotional or bodily—are the three components that must be present for the civil battery.

False Imprisonment

False incarceration occurs when someone restricts the freedom of movement of another individual. To have a claim, the plaintiff must establish willful and wrongful detention without consent. This can happen when someone holds hostages or makes an illegal citizen’s arrest. False incarceration may result from physical constraints, unjustified coercion, or duress.

Trespass to Land

When someone enters another person’s property on purpose, this happens. For example, kids who cut through a yard to get to school are subject to this rule. In such situations, the plaintiff must demonstrate that the trespass occurred without their consent. The fact that postal employees and police officers already have implicit permission to be on a property means that this does not apply to them. The majority of trespass cases that end up in court include property damage. However, the plaintiff may get an injunction if there is no damage and they merely want the trespassing to end.

Conversion

When someone wants to recover the value of the property taken without consent, conversion occurs. It may be converted if sold, misused, damaged, altered, or not returned. Be aware that modification can apply to the gas in a lawnmower that a neighbour has illegally taken. This rule applies to physical property such as cars, bicycles, and gadgets.

Intentional Infliction of Emotional Distress

When the defendant misbehaves and upsets others, this occurs. Intentional infliction of mental distress can take the form of, among other things, threatening violence against someone or their loved ones or abandoning them in a hazardous situation and causing them great distress.

Negligent torts

While some torts are deliberate, most fall under the negligence category. A negligent tort involves damage brought on by behaviours like distracted driving, inaction, or reckless behaviour where a person breaches a responsibility given to another, as opposed to deliberate injury. To put it another way, the harm done to another person was unintended, yet it happened in a circumstance where the law recognizes a duty to make it right.

This includes many personal injuries, including auto accidents, medical negligence, and slip and fall injuries. The plaintiff must show a violation of the following four components of negligent torts to be entitled to damages:

Duty

Somehow, that obligation was broken. Therefore, one has violated their duty if they drive improperly and hit the plaintiff.

Breach of Duty

That duty was breached in some way. For example, if one fails to operate their car correctly and hits the plaintiff, they have been unable to complete their assignment.

Causation

The plaintiff must demonstrate that the duty violation was the direct cause of the incident that affected them or a loved one.

Injury

The plaintiff or a family member was hurt due to the incident.

Strict liability torts

The defendant is accountable in this case regardless of whether the purpose or duty was breached because the issue is crucial. Product responsibility is often covered under strict liability. Strict liability may apply to a tort injury in a few distinct ways. Product liability is one of the most frequent situations. Another is harm brought on by domestic or wild animals.

Product Liability Cases

Depending on where the problem originated, different parties may be held accountable if a defective product causes an injury. Additionally known as product liability. Strict responsibility may apply to the following entities:

• Manufacturer
• Packer
• Seller

Strict responsibility is unlikely to apply in cases where the consumer modified the product after purchasing. For example, there is no strict liability if the customer tries to misuse the product when the owner’s handbook specifically instructs against doing so. Medical devices, drugs, food, consumer products, cars, and other objects are examples of things that this kind of case may cover.

Wild and Domestic Animal Cases

Any injury caused by wild creatures (such as lions, tigers, bears, etc.) that are kept must be paid for in full. Cats, dogs, birds, and other household animals occasionally escape and get loose, or their owners neglect them and let them roam freely. Strict liability holds the animal’s owner accountable if the animal enters another person’s property and the animal attacks them.

Some dog breeds are deemed “dangerous,” and their owners must take the appropriate precautions to keep them securely restrained. Domestic animal cases are subject to different laws depending on the state (and sometimes even the city), as some states have stricter regulations than others, particularly regarding dog breed limitations.