Tort
A wrongful act (other than a breach of contract) that causes harm to another person and allows the injured person to sue for damages.
A tort is a civil wrong that causes someone harm or loss. When a tort is committed, the injured person can file a lawsuit seeking compensation (called “damages”) from the person who caused the harm. Tort law is separate from criminal law and contract law.
The main categories of torts are:
- Negligence: Failing to use reasonable care, resulting in harm to someone else. This is the most common type of tort. Examples include car accidents caused by careless driving, slip-and-fall injuries, and medical malpractice.
- Intentional torts: Deliberately harmful actions, such as assault, battery, defamation, fraud, or trespassing.
- Strict liability: In some situations, a person or company is responsible for harm even without fault or intent – for example, injuries caused by a defective product.
In a tort case, the injured person (plaintiff) generally must prove:
- The other person had a duty of care.
- They breached that duty.
- The breach caused the plaintiff’s injuries.
- The plaintiff suffered actual damages (medical bills, lost wages, pain, etc.).
Example: A driver runs a red light and hits another car, injuring the other driver. The injured driver can file a tort lawsuit based on negligence, seeking compensation for medical bills, car repairs, lost income, and pain and suffering.
In personal injury cases, negligence claims, defamation lawsuits, and other civil cases where someone was harmed by another person's actions.