What Is a Tort Claim?

A tort is a civil wrong, other than a breach of contract, that causes harm to another person or their property, for which the law provides a remedy.

The Fundamental Elements

• The defendant owed a legal obligation to the plaintiff to act with a reasonable standard
• Breach of Duty: The defendant failed to uphold that obligation through an act or an omission.
• Causation: There must be a direct link between the defendant’s breach and the resulting injury. This includes:
  • Actual Cause (Cause-in-Fact): The injury would not have occurred “but for” the defendant’s conduct.
  • Proximate Cause: The harm was a foreseeable result of the defendant’s actions.
• Damages: The plaintiff suffered actual, quantifiable loss (economic or non-economic) that is compensable under the law.

Categorization of Torts

Torts are generally classified by the mental state of the defendant and the nature of the conduct involved:

1. Negligence

The most common form of tort claim. These include:

• Automobile accident claims
• Professional Malpractice
• Other preventable accidents

2. Intentional Torts

These arise from deliberate acts intended to cause a specific consequence. Examples include:

• Battery: Harmful or offensive contact.
• Assault: Apprehension of imminent harmful or offensive contact.
• Conversion: Unauthorized control over another’s property.
• Defamation: Libel or slander causing reputational harm.

3. Strict Liability

Liability is imposed regardless of the defendant’s intent or level of care taken. This is typically applied in cases involving:

• Abnormally Dangerous Activities: Situations where the risk of harm is high regardless of precautions (e.g., storage of explosives).
• Product Liability: Manufacturers or sellers are held liable for defective products that cause injury, regardless of whether they exercised “reasonable care” in the production process.

If you feel you were the victim of a tort claim, I may be able to help. I have more than 52 years of experience in this field of law and I can perhaps help you. Feel free to fill out an intake form.