What Is a Tort? And How Does It Affect You?

The civil court system in the United States is designed to help individuals be made whole when wrongs are committed against them. And many of those civil actions are part of a little-known area of law known as tort law. What is a tort? What kinds of tort cases can you start? How does criminal law intersect with tort law? And what does it all mean to you? Here's what every Floridian needs to know to protect themselves. 

What Is Tort Law?

A tort is defined as "an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability." For legal purposes, that injury or harm does not have to mean physical injury. The victim of the tort can be harmed in any number of ways, including financial and through property damage or loss. 

How Do Torts Differ From Charges?

The civil and criminal law systems exist side by side but separately. A single incident can give rise to both types of cases. For instance, if a driver gets angry at another slow driver and deliberately hits their car, the road rage driver may be charged with a crime like assault or reckless driving. The victim of that road rage may also choose to sue the defendant in civil court for the tort of civil assault. 

A tort may exist whether or not there are criminal charges—and, importantly, whether or not there is a criminal conviction. Even if the circumstances and evidence are the same in both cases, the outcomes may be different because the legal rules are unique to each type of case. For example, the defendant's right to plead the Fifth Amendment is limited in civil court more than in criminal cases. 

What Are the Three Kinds of Torts?

In general, tort cases fall into three categories: negligent, intentional, and strict liability.

Negligent Torts

Negligent torts happen when a person fails to exercise appropriate caution based on the circumstances and what would be reasonably expected of a similar person. In an auto accident, this might mean a driver who texts or runs a red light. In medical malpractice, a provider's actions would be judged based on what's expected in their field. 

Intentional Torts

Intentional torts can be the same types of cases as negligence, but the actions were taken intentionally. The driver who experienced road rage intentionally rammed your car, rather than accidentally hit you. They may not have meant to cause specific injuries, but they did mean to hit you. 

Strict Liability Torts

Strict liability is a less-common but important type of case in which neither negligence or intent must be proven. The dangerous nature of the act or activity is inherit enough to expect that the defendant should have foreseen potential to harm others. Strict liability often comes up regarding defective products, but it can also apply in cases such as keeping dangerous animals or engaging in very hazardous activities. 

What Must You Prove for a Tort?

Although the details of tort cases vary, they generally have the same basic requirements to meet in court. There are four elements to understand. 

To begin, the plaintiff will show that the defendant had a duty of care toward them. For ordinary citizens, this duty is often to act in ways so as to avoid causing harm to others. Professionals like lawyers or doctors may have a higher duty of care. Drivers who operate potentially dangerous vehicles also have a higher duty of care. 

The second requirement is that the person breached that duty. In an intentional tort case, they must have intentionally breached it, such as by turning their dog loose on you or a business competitor who lies about you in the press. Negligence cases demonstrate that the person failed to exercise due caution. 

Next, the plaintiff proves that they were harmed by that breach. That harm comes in many forms. You may have been physically injured, suffered property damage, experienced a business loss due to defamation, or had to leave your employment due to a hostile work environment. However, you must tie this harm directly to the incident. 

Finally, you will calculate financial compensation for that loss. Compensation often includes things like lost wages, medical bills, replacement or repair of property, loss of consortium, mental anguish, pain and suffering, and reduced future earning power. In addition, the jury may award punitive damages, which are meant to punish the defendant in egregious cases. 

Where Can You Learn More?

Tort law can be complex, and it covers many legal matters that affect the ordinary American. Get help navigating your potential tort case by meeting with Jeeves Law Group. We'll guide you through the process and help you find the justice and compensation you deserve. Call today to make an appointment.