Facebook Twitter

You and the Tort Law: A Guide

Posted on May 25, 2021 by Michael Smith

Everyday, we are always at the risk of falling prey to disputes whether it's from using faulty products or falling into a manhole, or sustaining huge injuries because of serious highway accidents. You might feel that accidents that occur everywhere to other men and women are of no fault than theirs alone. . .But, after something happens to you, say you're bit by a dog whose owner was careless enough to let it wander off, you might cry out, really -"not my fault" .

Injuries may range from trivial to crucial, depending on how it was obtained physically, mentally or emotionally. Whether a person or group has a liability for your injury, you may file for claims under the tort law. This area of the law is invaluable you want to have knowledge of it.

Torts are civil and private wrongs or injuries which might be remedied through a court of law with a litigation for damages/compensation. After an individual or a group of people violate their duty to others created under statutory or general laws, a tort has been committed. Liability from the tort law is based upon". . .the terms of persons with other people; and these connections may arise normally, with big groups or classes of persons, or independently, with an individual. . .The common thread woven into all torts is the notion of unreasonable interference with the attention of others." Prosser & Keeton, supra,p.5. Therefore, the chief aim of action in tort is that an individual be paid for the loss he has suffered within the reach of his legally recognized private pursuits, as the best way of relief.

Tort law is a branch of the civil law. This is one of the three chief branches of civil law in which the other branches are property and contract law. In tort cases, the plaintiff is the victim of an alleged incorrect and the unsuccessful defendant is directed by the court to pay compensation to the plaintiff. The so-called injunctive relief for the defendant is if he is directed to stop from a wrongful activity.

Torts have three general classes. Intentional torts are wrongs that the defendant knew or should have known would occur through their actions or inactions (e.g. intentionally damaging a person). Negligent torts occur when the defendant's actions were unreasonably unsafe (e.g. causing injury by failing to obey traffic rules). Strict liability torts are wrongs which don't depend on the degree of carefulness by the defendant but established when a particular action causes damage (e.g. liability for selling expired goods ).

Misfortune may occur unexpectedly to you or anybody in your loved ones and if it does, a you, as a sufferer may incur costs. It is possible to alter these costs to other people who you thought has strict liability in causing it. The principles of the tort law assist you in getting compensation for damages suffered not by your fault. Speak to an attorney practising this specific area of law enforcement for clarifications and suggestions in filing for claims.