The types of torts are essential to know when dealing with personal injuries to clear your mind of the legal options available to you. Torts are wrongful acts — whether intentional or accidental — that cause harm or injury, usually resulting in a civil suit. These cases can range from car accidents to product defects, and knowing what category your case falls into is essential to seek justice. This blog will address your tort law concerns and guide you throughout your personal injury claim process. Walton Telken will be there to help anyone in Edwardsville, IL, defend their rights.
What is a Tort Case?
A tort case occurs when someone’s actions—or failure to act—harm or injure another person, creating legal liability. Unlike criminal cases, which focus on punishment, tort cases fall under civil law and aim to compensate victims for their losses, such as medical bills, lost wages, or emotional distress.
The American Museum of Tort Law explains that torts are categorized into three main types: intentional torts, where harm is caused deliberately; negligence, when someone’s carelessness leads to injury; and strict liability, where liability is imposed regardless of intent or negligence in specific circumstances.
For example, a tort case might involve a reckless driver causing a car accident, a defective product injuring a consumer, or a trespasser damaging someone’s property. These cases ensure that victims can seek financial recovery and hold the responsible parties accountable under the law.
Examples and Types of Torts
Torts are divided into three categories, each addressing how individuals can cause harm. Let’s explore these categories and their relevance to personal injuries.
Intentional Torts
Intentional torts occur when someone deliberately harms another person or their property. These cases often involve a purposeful act, where the defendant’s intent to cause harm is central to the claim.
Examples of Intentional Torts
- Battery (or assault): If a person physically attacks another or threatens to do so, he or she has committed an intentional tort.
- False Imprisonment: False imprisonment is also an intentional tort.
- Defamation: The act of damaging someone’s reputation through false statements — written (libel) or spoken (slander).
- Trespassing: Entering another person’s property without permission.
Negligence
Negligence is by far the most common type of tort. It occurs when someone fails to exercise reasonable care, resulting in injury or damage. Negligence forms the basis of most personal injury cases, from car accidents to medical malpractice.
Negligence is by far the most common type of tort
The Congressional Research Service explains that negligence is grounded in the principle of duty of care individuals are expected to act as a reasonable person would in similar circumstances.
Examples of Negligence Torts
- Car Accidents: Drivers breaking traffic laws, causing collisions.
- Medical Malpractice: Healthcare providers, such as doctors, fail to follow the standard practices of care that would have prevented harm to the patient.
- These types of accidents occur when property owners fail to address dangerous conditions.
Strict Liability
Strict liability refers to the holding of a party responsible for harm caused regardless of fault or intention. These typically arise from performing inherently dangerous activities or using defective items.
Examples of Strict Liability Torts
- Product Liability: Manufacturers or sellers liable for injuries caused by defective products.
- Animal Attacks: Owners of specific types of animals, particularly those known to be dangerous, may be strictly liable for injuries from their pets.
- Ultrahazardous Activities: Carrying out ultrahazardous activities, such as using explosives, that are naturally dangerous to others.
Distinguishing Tort Lawsuits from Crimes
Tort lawsuits and criminal cases perform different roles in the legal system. Tort lawsuits are civil cases brought by individuals seeking monetary compensation for injury or damage caused by someone else’s actions. These cases deal with restoring the injured person as they can be by moving them towards reparations such as medical expenses, lost wages, or pain and suffering.
On the other hand, a criminal offense is a violation of public laws that the government seeks to enforce by punishing offenders. Criminal law aims to dissuade people from unlawful behavior and protect society, and, as a result, it often carries punishment, such as a fine, probation, or imprisonment.
Let Walton Telken Help You with Your Personal Injury Case
if you have been injured due to someone else’s actions — purposeful or not — you deserve experienced legal representation. At Walton Telken, our tort attorneys in Edwardsville, IL, know the ins and outs of tort law and are here to help fight for your rights. Schedule a Free Consultation Today and Contact us at 844-307-7349.
