Tort

After a car accident or slip-and-fall accident, an attorney may mention the term “tort” to clients. A tort is the legal term for a civil wrong that leads to an injury or another form of loss or harm.

It’s different from a criminal wrong, which would lead to criminal charges and penalties. The main consequence of a tort is facing liability for the accident damages.

What is tort law, and when does it apply? A mass tort lawyer explains below.

What Is Tort Law?

Tort is an area of law that covers the majority of civil claims. Tort law exists to make victims “whole” for the damages the defendant has caused them. This is opposed to criminal law, which exists to punish defendants for wrongdoing.

Under tort law, victims can recover a variety of damages, both economic and non-economic. Examples of economic damages include:

• Medical expenses
• Lost wages
• Loss of earning potential
• Property damage

Non-economic damages include:

• Pain and suffering
• Emotional distress
• Loss of companionship
• Loss of consortium

Tort Categories

There are three main categories of tort law: negligence torts, intentional torts, and strict liability torts.

Negligence Torts

The majority of personal injury cases fall under negligence torts. Negligence applies when the defendant has a duty of care to someone and fails to uphold that duty. Examples include medical malpractice, car accidents, and premises liability cases.

Intentional Torts

If a defendant has purposely harmed someone, this is called an intentional tort. Intentional torts include:

• Assault and battery
• False imprisonment
• Defamation
• Theft
• Conversion
• Intentional infliction of emotional distress

Strict Liability Torts

In strict liability torts, it doesn’t matter what the defendant’s level of care or intentions were. What matters is the action that harmed the victim.

For example, malfunctioning products can fall under strict liability tort. The manufacturer may not have meant for anyone to become injured by using their product, but they’re still liable if that product harms someone.

Examples of Cases Where Tort Law Applies

What types of cases does tort law apply to? Find some examples of cases that fall under tort law below.

Car Accidents

Drivers can hardly go a day without spotting a car accident on the side of the road. Car crashes are a prime example of a type of case that falls under negligence tort law. Intentional tort law might also apply if someone purposely injures another driver (for example, ramming their car because they’re driving too slow). Strict liability may apply if an accident happens because of a vehicle defect.

Common causes of car accidents include:

• Inattention
• Driving while intoxicated
• Fatigue
• Mechanical problems
• Aggressive and reckless driving

Dog Bites

Dogs can suddenly snap and bite someone, even if they’ve always been friendly. In some states, victims must prove that the dog’s owner knew the animal was dangerous, making them liable for their injuries. Others, such as Georgia, have a strict liability dog bite law. That means the owner is liable for bites regardless of whether the animal has bitten anyone in the past.

Medical Malpractice

Medical malpractice includes:

• Surgical errors
• Medication mistakes (giving the wrong dose or incorrect drug)
• Birth injuries
• Delayed or missed diagnoses
• Inadequate sanitation of tools
• Leaving tools inside the body

In many states, victims must prove that their medical provider acted negligently to recover damages for malpractice. In some, providers are strictly liable for any injuries they cause to patients.

Slip-and-Fall Accidents

Slip-and-fall accidents fall under premises liability, which means that victims must prove that the property owner acted negligently. For example, suppose someone falls in a grocery store because the owner didn’t fix some damaged floor tile. In this case, the victim’s attorney would have to prove that:

• The store owner knew about (or should have known about) the damaged floor.
• The owner failed to fix the floor promptly.
• Because of the owner’s negligence, a shopper tripped and fell.
• The shopper suffered damages that a court can compensate them for.

Assault and Battery

Assault and battery always fall under intentional tort law. That’s because for someone’s actions to be classified as assault, they must have intentionally harmed the victim. If the defendant accidentally hurt the victim, negligence laws would apply.

Examples of assault include:

• Punching, slapping, and kicking
• Threatening to harm someone
• Brandishing a deadly weapon in a way that makes the victim fear for their life

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress can include blackmail, bullying, harassing, or stalking. These cases are sometimes hard to prove because not all defendants leave behind solid evidence of their actions. Additionally, it can be difficult to prove that the defendant meant to intentionally cause emotional distress.

Mass Tort Litigation vs. Class Action Lawsuits

Mass torts occur when one or more plaintiffs sustain an injury from one or more defendants. For example, suppose that a drug company made a product that sickened hundreds of people. Those people decide to sue the drug company for damages. Instead of suing individually, they combine suits into a single suit for convenience.

Mass tort litigation may sound similar to class action lawsuits, but a few differences exist. In class action lawsuits, the group of plaintiffs is called a class, which the court treats as a single plaintiff. A single representative stands in for the rest of the class.

Class action lawsuits must also meet certain criteria. For example, all members of the class must have similar circumstances and grievances.

If the criteria for a class action suit aren’t met, mass tort action may be used instead. Mass tort litigation is commonly used for cases involving defective drugs and faulty medical devices.

Contact an Accident Attorney To Learn More About Tort Law

Accident Hotline is a nationwide network of attorneys that assists clients with various tort cases, including vehicle accidents, dog bites, construction accidents, and wrongful death. If you need help navigating a tort or personal injury case, our attorneys can provide professional legal assistance.

Readers who need assistance with their legal claim can contact Accident Hotline at (844) 343-9609 for a free consultation.