Tort

Read our guide to learn all about the meaning and definition of tort. Simply put, it’s a civil wrong that causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

What is a Tort in US Law?

In US law, a tort is a civil wrongdoing that causes harm or injury to a person or their property, leading to legal liability. The primary objective of tort law is to provide relief to individuals who have suffered damages due to the actions or negligence of others.

Originally, tort law aimed to offer full compensation for all damages incurred. However, achieving this goal has become limited due to the passing of varying tort reform laws.

A tort typically involves a breach of duty that results in injury or damage.

This breach can occur in various forms, such as negligence, intentional harm, or strict liability. The injured party, known as the plaintiff, seeks monetary compensation from the party at fault, known as the defendant, through litigation. This compensation is intended to cover the losses and injuries sustained by the plaintiff.

For example, consider a case where a driver runs a red light and collides with another vehicle, causing injuries to the other driver.

The injured driver can file a tort claim against the at-fault driver, seeking compensation for medical expenses, lost wages, and pain and suffering.

This process exemplifies how tort law functions to provide relief and hold individuals or entities accountable for their actions.

What is the Purpose of Tort Law?

Tort law serves a dual purpose: to provide relief and compensation to individuals who have suffered harm or property damage due to the actions of others and to deter future misconduct by holding individuals and entities accountable. The Federal Tort Claims Act (FTCA) was established to ensure that government employees are held to the same standards as private individuals. This act allows citizens to sue the United States for wrongdoings committed by federal employees acting within the scope of their employment.

To state a valid claim under the FTCA, the plaintiff must prove:

• The plaintiff suffered damage caused by a federal employee.
• The federal employee was acting within the scope of their employment.
• The federal employee’s negligent or wrongful actions caused the damage.

What are the Different Types of Torts?

Intentional Torts

These involve deliberate actions that cause harm. The plaintiff must prove that the defendant intended to cause damage or injury. Examples include assault, battery, false imprisonment, trespassing, and defamation. Intentional torts against property can include trespassing and nuisance.

Unintentional Torts

These typically involve negligence, where a person or party fails to uphold their duty of care, resulting in damage or injury. Examples include car accidents, dog bites, slip and fall cases, and defective products.

Strict Liability Torts

These involve inherently dangerous activities, making the defendant automatically liable due to the level of danger imposed on the public. Examples include the use of explosives, ultrahazardous activities, and wild animal attacks.

Other types of torts that can fall under multiple categories include public and private nuisance and defamation (libel and slander).

What are Examples of Tort?

Common examples of torts include:

1. Civil Assault: Intentional torts involving a threat that causes someone to fear for their safety.
2. Civil Battery: This type of tort occurs when a person intentionally makes physical contact with another person or their belongings without their consent.
3. False Imprisonment: This is a type of tort that occurs when a person intentionally restrains someone else’s freedom of movement without their consent or legal justification.
4. Trespass to Land: The tort of entering another person’s property without permission.
5. Defamation: This tort occurs when someone makes a false statement that harms someone’s reputation, whether intentional or not.
6. Invasion of Privacy: The tort of intruding upon the personal life of another without reasonable cause

What is the Difference Between a Crime and a Tort?

What are Damages in Tort Claims?

Damages in tort claims are monetary compensations awarded to a plaintiff who has suffered harm or injury due to the defendant’s actions or negligence. The primary goal of awarding damages is to restore the injured party to their position before the tort occurred as best as possible. Damages can be categorized into several types, each serving a different purpose in the legal process.

Compensatory Damages

Awarded to bring the plaintiff back to their original financial state. These damages are equivalent to the harm caused. Compensatory damages can be economic or non-economic.

Economic Damages

Economic damages are quantifiable monetary losses that the plaintiff incurred due to the tort, including medical expenses, lost wages, and property damage. On the other hand, non-economic compensatory damages are subjective, non-monetary losses that are more difficult to quantify and include instances of pain and suffering, emotional distress, and loss of enjoyment of life.

Punitive Damages

These damages are awarded in cases where the defendant’s conduct was particularly egregious or malicious. The purpose of punitive damages is not to compensate the plaintiff but to punish the defendant and deter similar behavior in the future and in society as a whole.

For example, if a company knowingly sells a dangerous product that causes injury, punitive damages may be awarded to penalize the company.

Nominal Damages

These types of damages are awarded when the damage is not readily estimable. They are token amounts that recognize the tort but do not result in significant monetary compensation. Nominal damages recognize the plaintiff’s rights were violated, even if there was no significant injury or financial loss.

Aggravated Damages

These types of damages are awarded when the defendant’s conduct worsens the claimant’s injury. These damages can compensate the plaintiff for any resulting insult, humiliation, or loss of dignity.

Contemptuous damages

These damages are awarded when the court recognizes that the plaintiff’s right has been violated, but the suit was so trivial that it wasted the court’s time. In this case, the plaintiff is awarded a meager amount of money in damages.

What are the Factors that Decide the Nature of the Damages?

Several factors can influence the amount and type of damages awarded in a tort claim:

• Severity of Injury: More severe injuries typically result in higher compensatory damages.
• Intent of the Defendant: Malicious or reckless behavior can lead to punitive damages.
• Evidence: Strong evidence supporting the plaintiff’s claims can result in higher damages.
• Jurisdiction: Different states have varying laws and caps on certain types of damages, such as non-economic and punitive damages.

What is the Process for Filing a Tort Lawsuit?

The various phases of filing a tort lawsuit are as follows:

• The Pleadings: The first stage of a civil tort lawsuit when each party files paperwork with the court explaining their side of the dispute. The plaintiff files the complaint followed by the defendant filing their answer.
• Complaint: The plaintiff files a complaint with the court and delivers it to the defendant. The complaint describes the damages/injuries that were imposed on the plaintiff. Once the defendant has received the complaint, litigation begins. Summons: The court issues a summons to notify the defendant of the lawsuit and the requirement to respond.
• Answer: After the complaint, the plaintiff must wait for the defendant’s answer. The answer is the way the defendant can give their side of the story in the dispute.

In this time period, the defendant can also file a counterclaim. A counterclaim is made by the defendant if they believe that the plaintiff has caused damages/injuries upon the defendant, and they should be liable for those damages/injuries.

• Discovery: Each party gathers relevant information to support their claims during the discovery phase. Lawyers spend the most amount of time on this phase of a lawsuit because the more facts and data to back up their client’s claim, the more likely the judge will rule in their favor. Some methods of gathering information to support their claims are interrogations, documents, and depositions.
• A deposition is an out-of-court procedure where a party in the case or a witness gives their sworn testimony under oath. Someone records their testimony, and the transcript can be used as evidence in a court hearing.
• Pre-Trial Motions: Either party can file pre-trial motions to resolve certain issues before the trial begins. Common motions include motions to dismiss, motions for summary judgment, and motions to exclude evidence.
• Trial: During the trial, the plaintiff and defendant present evidence collected during the discovery phase to the judge. Each party may call up a witness or show documents that support their specific argument. The plaintiff’s lawyers always present their arguments before the defendant does. It gives the defendant a degree of leverage since their arguments will be fresher in the judge’s and jury’s memory before they make a verdict.

If a party disagrees with the judge’s decision verdict, they can challenge the verdict.

The party can do this by either filing for a motion for judgment notwithstanding, which asks the court to disregard the judge’s verdict and enter a different decision, or filing for a motion for a new trial, which asks for a new trial.

• Verdict and Judgment: After hearing the evidence, the judge or jury delivers a verdict. If the plaintiff prevails, the court issues a judgment specifying the damages awarded.
• Appeal: During an appeal, a party unhappy with the decision can ask a higher court (above the one the trial was conducted in) to review the court’s proceedings.

The appellate court usually reviews a case for harmful errors and the factual findings made by the trial court to decide on whether to override the trial court’s decision.

The appellate court will affirm the verdict if it finds there were no errors upholding the decision made by the previous lower court.

However, if the appellate judge finds that the lower court clearly made erroneous errors that affected the lawsuit’s outcome, they can reverse the verdict. There are thirteen appellate courts in the United States federal system. Twelve of the appellate courts are district appellate courts, and one is the US Court of Appeals for the Federal Circuit.

How can a Victim Prove Negligence in a Tort Case?

To prove negligence in a tort lawsuit, the victim must establish these four elements:

1. Duty of Care: The defendant, or the wrongdoer, owed a legal duty to the plaintiff under the circumstances. Generally, this means having a reasonable expectation under the law to behave responsibly to prevent harm to others.

2. Breach of Duty: The plaintiff must prove that the defendant breached the duty of care, either by action or omission, causing them to fail to uphold the applicable standard of care expected for the situation.

3. Direct Cause: The plaintiff must prove the defendant’s breach directly caused the tort.

4. Damages: There must be demonstrable damages or harm that the plaintiff has suffered from the defendant’s action or omission. This can include physical injuries, emotional distress, and financial losses.

What is the Statute of Limitations for Tort Claims?

The statute of limitations for tort cases will vary by jurisdiction and action type. In most states, personal injury tort actions are governed by a statute of limitations between two and four years, with it being longer in three states and shorter in another three states. Some tort actions, such as libel or slander, are generally governed by shorter statutes of limitations, with almost all states being one or two years.

• Personal Injury: Typically 2-3 years from the date of injury.
• Defamation: Generally 1-2 years from the date the defamatory statement was made.
• Medical Malpractice: Usually 1-3 years from the date of discovery of the injury.

If a lawsuit is not filed within the statute of limitations, the plaintiff may be barred from pursuing their claim.

What Constitutes Pain & Suffering in a Tort Claim?

Pain and suffering are considered non-economic damages and are more challenging to quantify than economic damages like medical bills and lost wages.

Pain and suffering for personal injury tort cases can be split up into two categories:

1. Physical Pain
2. Emotional

Physical pain damages are for the harm caused to one’s body. For example, pain from injuries such as broken bones, lost limbs, neck pains, and headaches. It is also possible for physical pain damages to be for anticipated future pain, such as pain from the gradual deterioration of one’s organs resulting from the tort.

Emotional pain is damages for the psychological impact of an injury or incident, such as emotional distress, post-traumatic stress disorder, or anxiety. These are generally negative psychological or emotional issues that the plaintiff undergoes due to the injuries sustained in the tort.

Note: Like physical pain, emotional pain can be awarded to a plaintiff for anticipated future pain.

Is Defamation a Tort?

Yes, defamation is considered a tort and involves making false statements about someone that harm their reputation. Defamation can be categorized into:

• Libel: Written or published defamatory statements.
• Slander: Spoken defamatory statements.

To be successful in a defamation tort lawsuit, the plaintiff must prove that the defendant made false statements about them, the false statements were publicized, the false statements caused harm, and the false statements did not fall into a privileged category.

What is the Intentional Tort of Assault?

Assault is an intentional tort that occurs when a person intentionally causes someone to reasonably fear harmful or offensive contact.
Unlike battery, assault does not require actual physical contact. The key elements of an assault claim include:

1. Intent: The defendant intended to cause apprehension of imminent harm.
2. Apprehension: The plaintiff experienced a reasonable fear or apprehension of imminent harm.
3. Imminence: The threat of harm was immediate.

What is the Infliction of Emotional Distress Tort?

The tort of infliction of emotional distress involves intentional or reckless conduct that is so outrageous and extreme that it causes severe emotional distress and mental trauma to the plaintiff. It can be further categorized based on whether the harmful action is intentional or negligence as follows:

• Intentional Infliction of Emotional Distress (IIED): The defendant’s conduct was intentional or reckless, and it caused severe emotional distress.
• Negligent Infliction of Emotional Distress (NIED): The defendant’s negligent conduct caused emotional distress.

How is Gross Negligence Defined in Tort Law?

In tort law, gross negligence is a type of negligence that involves a defendant’s state of mind and demonstrating a reckless disregard for the life and safety of another person. It’s considered more harmful than ordinary negligence because it shows a conscious indifference to the well-being of others and a failure to uphold even a slight duty of care to avoid causing harm to them. Examples include:

• Driving Under the Influence: Causing an accident while intoxicated.
• Medical Malpractice: Performing surgery without ensuring proper sterilization of medical instruments used.

What is a Tort in Insurance?

In insurance, a tort is a civil wrong or wrongful act that causes injury or damages to another party, for which the at-fault party can be held responsible.

In auto insurance, tort applies in 38 states, where a driver who causes an accident is financially responsible for any injuries or property damage they cause. If the driver or their insurance company doesn’t pay for damages, the victim can sue under tort law. The amount the victim can recover depends on their car insurance coverage (policy limit), which can include full or limited tort.

• Full Tort: Also known as “full recovery” or “full right to sue, ” full tort allows car accident victims to recover all damages available under the law, including pain and suffering, lost wages, medical expenses, and future medical expenses.
• Limited Tort: Also known as “limited recovery of damages” or “limited ability to sue,” limited tort allows victims of auto accidents to recover economic damages but requires them to meet a serious injury threshold to recover non-economic damages like pain and suffering.

How Long Does a Tort Claim Take?

The length of time it takes to resolve a tort claim will vary depending on the type of claim and other factors, including the case’s complexity, the parties’ willingness to settle, and court schedules. Among all types of tort claims, mass torts involving product liability trials tend to take the longest. However, most personal injury tort cases resolve in out of court in less than two years (only about 3% actually go to trial).

How Does Tort Law Affect Business Practices?

Tort law significantly impacts business practices by holding companies accountable for their actions and encouraging them to adopt safer practices. Key effects include:

• Risk Management: Businesses implement safety protocols to minimize the risk of tort claims.
• Insurance: Companies often carry liability insurance to protect against potential tort claims.
• Compliance: Adherence to regulations and standards to avoid negligence and liability.
• Reputation: Maintaining a good reputation by avoiding actions that could lead to tort claims.

By understanding and adhering to tort law, businesses can reduce their liability and foster a safer environment for employees, customers, and the public.