A “tort” is different from criminal wrongdoing. A tort violation involves the breach of a civil duty owed to someone else. The injured party, or plaintiff, can file a lawsuit to recover damages due to the defendant’s wrongdoing.
The violation of a crime is not a tort (although the two sometimes overlap). Moreover, the state or federal government is the enforcer of criminal wrongdoing and seeks a criminal conviction against the person alleged to have committed the crime.
Tort law entitles injured persons to receive monetary compensation from those responsible for their injuries. Those injuries include pain and suffering, physical, emotional, economic and reputational injuries as well as violations of privacy, property, or constitutional rights. The following types of cases are typically considered torts:
- Auto accidents
- Medical malpractice
- Premises liability
- Fall down accidents
- Construction accidents
- Civil rights violations
- Product Liability
What is the Purpose of Tort Law?
While the main purpose of criminal law is to enforce public justice and peace, tort law’s purpose is to address private wrongdoing to obtain compensation for the victim rather than punishing the offender. However, some acts, such as battery, are punishable under both tort and criminal law. In battery cases, for example, tort law would provide compensation to the plaintiff for injuries, pain, suffering, etc., while criminal law would punish the offender.
Examples of a Tort
There are three types of tort violations in which cases can be categorized into, they are:
• Intentional- when an individual intentionally engages in actions that cause injuries or damages to someone else;
• Negligence- when an individual acts carelessly which results in injuries or damages to someone else;
• Strict liability- also referred to as absolute liability- when responsibility can be placed on an individual without proof of negligence or clear fault.
What is the Most Common Tort Violation?
The most common tort liability arises from negligence; for instance from the negligent operation of a motor vehicle, the negligent maintenance of personal or commercial property, or providing medical care which is not up to the appropriate standard of care in the medical community. If the injured party can prove that the person alleged to have caused the injury did not take reasonable care to avoid injuring the plaintiffs, the injured person/plaintiff may sue and receive compensation through the application of tort law.
When to Hire A Personal Injury Attorney for Tort Violations
If you have suffered an injury as a result of the negligence or wrongdoing of someone else, it may be a good idea to consult a personal injury lawyer to see if you have a tort violation case. If so, you may be eligible to receive compensation for your injuries, pain and suffering, loss of wages, and more. Contact Stuart Carpey today for a free consultation.