If you’re considering a career in law, specializing in tort law might be the perfect path for you. In legal terms, a tort refers to a wrongful action or violation of someone’s personal, property, or dignity rights. It leads to civil action, with the aim of helping the injured party recover costs and holding the responsible party liable.
To gain a deeper understanding of torts, it’s essential to explore the different types of torts, study examples, and consider the prospects of a career as a tort lawyer. Keep in mind that specific tort laws can vary by state, so familiarize yourself with the laws in your intended practice area, as they could influence the outcome of your cases and your clients’ potential compensation.
What Exactly is a Tort?
A tort is an act that breaches someone’s rights, resulting in legal action. In such cases, the injured party has the right to sue for damages, seeking compensation for the harm they suffered. Often, this occurs in personal injury cases, where the plaintiff sues the defendant to recover financial obligations related to their injuries and losses.
Types of Torts and Their Examples
There are three primary types of torts you should be aware of:
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Intentional Torts: These occur when someone deliberately commits a wrongful act that causes harm to another person. Examples of intentional torts include:
- Assault: Threatening or attempting to harm someone without physical contact.
- Battery: Physically contacting someone with the intent to cause harm, resulting in civil and criminal charges.
- False Imprisonment: Restricting someone’s freedom of movement willfully and unlawfully.
- Trespass to Land: Intentionally entering someone else’s property without permission, excluding postal workers and police officers.
- Conversion: Taking someone’s property without permission, preventing its return or causing damage.
- Intentional Infliction of Emotional Distress: Acting outrageously, causing severe emotional distress to someone.
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Negligent Torts: These occur when someone breaches a duty owed to another person, unintentionally causing harm. Common examples include car accidents, medical malpractice, and slip and fall injuries.
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Strict Liability Torts: In these cases, liability is imposed regardless of intent or duty breached. Strict liability often applies to product liability. For instance, if a defective product causes injury, the manufacturer or seller can be held liable.
Examples of Negligent Torts vs. Intentional Torts
While intentional torts involve deliberate harm, negligent torts occur due to careless or unintentional actions that breach a duty owed to another person. Negligent torts include situations like distracted driving, inaction, or any careless actions that unintentionally cause harm.
To claim damages under negligent torts, the plaintiff must demonstrate four elements:
- Duty: The defendant must have had a duty toward the plaintiff.
- Breach of Duty: The defendant must have breached their duty.
- Causation: The breach of duty must have directly caused harm.
- Injury: The plaintiff or their family member must have suffered an injury.
How Do Strict Liability Torts Arise?
Strict liability torts can arise in a few different situations. One common scenario is product liability, where injuries result from defective products. Entities that may be held liable for strict liability include manufacturers, packers, and sellers. However, modifying a product after purchase or using it incorrectly may exempt these entities from liability.
Wild and domestic animal cases also fall under strict liability torts. Owners of wild animals are strictly liable for any harm they cause, while owners of domestic animals may be liable if their negligence allows their animals to harm others.
Compensation in Tort Cases
In tort cases, choosing the right types of compensation is crucial. Depending on the circumstances, compensation may include medical bills, lost wages, wrongful death claims, and pain and suffering.
Pursuing a Career as a Tort Lawyer
If you aspire to become a tort lawyer, learning about torts is a fundamental part of your legal education. At Garrity Traina, we offer engaging courses that cover essential legal principles, along with practical lawyering skills. Our rigorous curriculum prepares students to pass the bar and graduate as competent and professional lawyers. Discover more about our program here.
Remember, tort law is complex and multifaceted. As you embark on your journey as a tort lawyer, it’s crucial to continually expand your knowledge and stay updated on the laws relevant to your practice area. With dedication and expertise, you can make a significant impact in seeking justice for those who have been wronged.