General Tort Law

Tort law is a fundamental aspect of the American legal system that outlines the rules for civil wrongs that occur when an individual or entity’s actions cause harm to another. It is a civil law field that encompasses a wide range of personal injury claims.

Tort law is designed to right wrongs, honor personal rights, and restore victims to their original state before the harm took place. The primary objectives of tort law are to provide relief to the injured party, impose liability on parties responsible for the damage, and deter others from committing harmful acts.

There are three categories of torts: intentional, negligent, and strict liability torts. Intentional torts are acts done with the purpose of causing harm. Examples include assault, battery, false imprisonment, and fraud. Negligent torts occur when the defendant’s actions were unreasonably unsafe. Examples include car accidents caused by drunk drivers or medical complications resulting from a doctor’s carelessness. Strict liability torts involve harm caused by abnormal and dangerous activities, such as keeping wild animals as pets or using explosives.

For a tort claim to be successful, four elements must be present: duty, breach, causation, and harm. The defendant must have a duty to act or not act in a certain way, breach that duty, and as a result, cause harm to another individual. The plaintiff must prove each element to win a tort case.

Remedies in tort law typically take the form of damages, such as compensatory damages, punitive damages, and nominal damages. Compensatory damages aim to put the injured party in the position they would be in if the tort had not occurred. Punitive damages are awarded to punish the defendant for outrageous misconduct. Nominal damages are symbolic damages awarded when the plaintiff has suffered no substantial loss or injury but has experienced an invasion of rights.

Tort law plays a vital role in maintaining social order by holding individuals and entities accountable for their actions. It protects individuals from harm and provides a legal framework for compensation when harm occurs. Understanding tort law is crucial for anyone seeking to navigate the legal landscape, whether as a professional or an individual seeking justice.

At Scharf Appellate Group, we are committed to providing comprehensive legal services in the field of tort law. With a deep understanding of its complexities, we strive to ensure our clients’ rights are protected and justice is served. Contact us at (305) 665-0475 for assistance with your tort law needs.