Have you been accidentally injured? Did someone hit you intentionally or unintentionally? These are examples of a tort, a common phrase used in civil lawsuits. If you were walking down the aisle in any grocery store and mistakenly slipped on a banana that had fallen from the shelf and got injured, Torts that Cause Injury you can claim remuneration. The compensation includes medical bills, pain, and other expenses incurred due to that fall.
This post is all about personal injuries caused by the wrongdoing of someone. But before that, if you have experienced such injury and think there’s no remedy, you’re wrong. You can consult an injury lawyer who will guide you through all the procedures, from filing to compensation.
Types of Torts that Cause Injury
What is a Tort?
The tort is the wrongdoing of one party that causes harm to another party. As a result of the misconduct, the sufferer may take legal actions against the acting party in the civil law court. The affected party, or the injured party, files a suit and becomes a plaintiff, while the other party becomes a tortfeasor (or defendant, in other words). The party causing injury was the negligent party.
Conditions of tort
- The Tortfeasor is responsible for acting in a particular manner.
- It’s the plaintiff’s responsibility to prove in the civil court that there was negligence on the defendant’s part.
- As a result of that negligence, the injury occurred.
Torts are not criminal acts; this is why they’re dealt with in civil courts. They’re civil wrongdoings that cause harm or loss to anyone. It always results in legal liability to be fulfill by the Tortfeasor. The punishment will not be incarceration or fine; it will be binding to restore the affected party monetarily. The court may order the Tortfeasor to do something or refrain from something in the future.
Types of Tort
There are three types of torts:
This is intentionally committed by the Tortfeasor against the plaintiff. Intentional torts include false imprisonment, trespassing, assault, battery, invasion of privacy, conversion, or fraud. However, the court is the whole and sole in deciding whether the act is willfully committed.
This type of tort occurs when the Tortfeasor demonstrates a failure to show ordinary prudence, and as a result of it, an injury occurs. A car accident is a fine example of negligence.
Five essentials of negligence include:
- The defendant suppose to show reasonable care
- Defendant failed to show proper care
- Plaintiff suffered an injury
- Injury caused damages
- The injury occurred because of the actions or inactions of the defendant.
Strict liability is similar to negligence, except that the defendant is liable to compensate the plaintiff even when the act was not negligent. If a person takes care of his dog prudently, yet it bites someone, he will be liable to compensate the injured party.