Tort law is an area of law that deals with civil wrongdoings and the resulting harms. This branch of law allows individuals who have suffered loss or injury to sue for damages, to return the injured party to the position they occupied before the incident.

What are the Different Types of Torts?

People can be held liable for several categories of torts under the law. Some of the main tort types include:

• Negligence: Failure to exercise reasonable care that results in injury or property damage to another person. This is one of the most commonly prosecuted torts.
• Intentional torts: Actions committed with the intent to harm another such as battery, assault, false imprisonment, trespassing, and intentional infliction of emotional distress.
• Nuisance: Conduct that unreasonably interferes with another’s use or enjoyment of their property. Examples are noise, odor, or light pollution.
• Strict liability torts: Actions for which a person can be held legally responsible regardless of fault such as defective products, ultrahazardous activities, and domestic animal attacks. Due diligence is not a defense.

The Four Elements of a Tort Case

For a plaintiff to successfully bring a tort case, four key elements must generally be proven:

1. Duty: The defendant owed the plaintiff a duty of care.
2. Breach: The defendant breached or violated that duty of care through their actions.
3. Causation: The defendant’s breach of duty caused harm or injury to the plaintiff.
4. Damages: Due to the breach and causation, the plaintiff suffered measurable financial losses, physical injuries, or emotional distress.

Defenses to Tort Actions

While tort defendants are usually responsible if the four elements are met, there are some circumstances where liability can be avoided. Common defenses raised in tort lawsuits include:

• Contributory negligence: The plaintiff’s careless actions partially caused their injury. If substantial contributory negligence is proven, it can bar recovery.
• Comparative negligence: Like contributory negligence, but does not bar recovery. Instead, any damages awarded are reduced based on the plaintiff’s percentage of fault.
• Assumption of risk: The plaintiff voluntarily assumed the risks that led to injury with full knowledge and understanding. This defends against the inherent risks of an activity.
• Act of God/Nature: Injuries resulted from forces of nature beyond human control like natural disasters rather than human acts or omissions.
• Necessity/Self-defense: In an emergency, the defendant’s actions causing harm were reasonably necessary to prevent greater harm and were a reasonable response.
• Statute of limitations: The plaintiff failed to file their case within the time frame specified by law, typically several years.

Advance your Understanding of the Principles of Tort Law

To gain a deeper knowledge of tort law’s overarching principles and frequent applications, consider undertaking further educational opportunities:

• Take a torts course: Whether in law school or an online program, a dedicated torts class provides comprehensive instruction on this complex area of law.
• Read seminal tort cases: Iconic decisions like Palsgraf v. Long Island Railroad Co. and Donoghue v. Stevenson shaped modern principles.
• Join relevant associations: Groups like the American Bar Association offer CLE programs and resources for practicing attorneys.
• Consult additional reference materials: Sources like Prosser and Keeton on the Law of Torts thoroughly analyze key issues and debates.
• Stay current on changes: Tort law is evolving. Follow legal news and commentary to understand new precedents and legislative reforms impacting the field.

Frequently Asked Questions