An Overview of Tort Law

The purpose of this article is to highlight an overview of tort law. To start with, the tort law is a body of remedies, obligations, as well as rights that courts apply in civil proceedings. They are used to provide you with relief if you have suffered harm from other people’s wrongful acts. Due to the wrongdoing, as an injured person, you may take civil action against the other party.

In contrast, as a person who suffers pecuniary damage or sustains injury due to tortious conduct, you will be known as the plaintiff. On the other hand, the person who incurs liability for the damage and is responsible for inflicting you the injury is referred to as the defendant. In every tort action, you must establish three elements.

First, your obligation will be to institute that the defendant had a duty to behave or act in a particular manner. Secondly, you must demonstrate that this duty was breached by the accused through failing to conform his or her action accordingly. Finally, you must prove that you suffered loss or injury due to the violation of the respondent. The major types of torts are intentional torts, strict liability, and negligence.

Intentional torts

An intentional tort is an offense that is committed to you intentionally with the intend or attempt to do you harm. For intent to exist, you must be aware that the act will result to injury. There are numerous intentional torts, which fall into this category. They include invasion of your privacy, trespassing, false imprisonment, fraud, conversion, battery, and assault. You can deal with these damages through civil litigation.

Nevertheless, the conduct of the defendant will be looked upon by the court to determine if the actions were, in fact intentional. Or the act was not meant specifically to cause you injury or fear, but then again is considered reckless.

Negligence torts

The tort law uses the term negligence to characterize behavior that creates risks of harm that are unreasonable to property or a person. You can only claim for negligence if your interests have been interfered with. This portrays that as a plaintiff, you must prove your injuries, and show that the defendant is the one that caused them. This proximate cause is a link between your injuries as the plaintiff and the action of the accused.

Another defense to negligence action is the assumption of risk. This defense will prevent you as a plaintiff from recovering for injuries you sustained due to a transaction or relationship you entered with full acceptance and knowledge with the risks that such undertaking are commonly associated with. Assumed risks comprise most of those you may encounter as a spectator when you are attending a sporting event.

Strict liability georgiastrictliability

The strict liability is a branch of torts that seek to regulate those activities that are necessary and useful but then again create abnormally dangerous risks to you or the society. These activities entail keeping wild animals in captivity, storing substances that are hazardous, transporting materials that are hazardous, and blasting.

If you engage in ultrahazardous activities, you may be blameless morally because no amount of diligence or care can make your operations safe to society. Conversely, you will nonetheless be legally held responsible for harm that results from your activities through shifting the injury cost from potential victims to tortfeasors.

In cases involving product defects, you must only prove that your injuries directly stemmed for the product in question. So as to help you garner a judgment that is appropriate from the court.

Before you pursue a strict liability tort or claim, you should review the various types of remedies that are available in your jurisdiction to choose the best theory that fits best your lawsuit objectives.