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Civil Wrongs/Torts

"Torts" are civil wrongs which result in harm. Generally, Tort Law is a specific area of law that creates a legal basis for a claim by injured parties. Tort law addresses two primary objectives:

  • To compensate parties for their damages; and
  • To deter others from committing the same harmful acts

Who makes tort law?

Each state has its own tort laws created by state legislatures and through judges. Generally, the state legislature would create tort law by statute while judges create tort law by their courtroom decisions which establish legal precedence called "common law."

What type of lawyers practice tort law?

Personal injury lawyers, for example, are well versed in the area of tort law and will look to applicable laws in their state of jurisdiction to represent injured clients who seek compensation for damages.

There are 3 general categories of torts:

  • Intentional torts
  • Negligent torts
  • Strict liability torts

Intentional torts are acts that, a person committing such acts, knew (or should have known) would cause harm or injury to another person. An example of an intentional tort would be causing injury by intentionally punching someone.

Negligent torts stem from unreasonably unsafe conduct which causes harm or injury to another person. An example of a negligent tort would be causing injury by failing to obey traffic rules.

Strict liability torts stem from conduct that causes harm or injury to another person regardless of the degree or carefulness by the party causing the harm. An example of strict liability tort would be causing injury by making and selling defective products.

 

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