Four Types Of Tort
Intentional Torts
You can’t cause harm to another without risk of legal repercussions, even if the mishap is an accident. In some cases, you might face criminal charges. In others, you could be found liable in a civil lawsuit. You might even find yourself in both civil and criminal court. Civil lawsuits that address wrongdoing are called tort actions. The victim has a legal right to seek compensation for injury and money lost. Negligence Torts
Negligence torts are usually related to accidents. You took some action that a prudent person wouldn’t take because he would be aware that it could potentially cause harm or injury to another. Alternatively, you might have failed to take an action to prevent harm. If the brakes on your car are shot and you drive it anyway, this is negligent. If you hit a pedestrian because you can’t get your car to stop as he passes in the crosswalk, this could result in a negligence tort lawsuit. The majority of tort lawsuits allege negligence.
Intentional Torts
An intentional tort is commonly associated with criminal charges. It involves taking an action with the express purpose of causing harm to another. If you assault someone, you’ll be charged with a misdemeanour or felony, depending on the nature of the attack, but the victim can also file suit against you for civil damages in an intentional tort action. He’d have to prove that you acted on purpose and that the event wasn’t an accident or the result of negligence. Defaming someone is considered an intentional tort, as is fraud that results in a victim losing money.
Strict Liability Torts
If you purchase merchandise that explodes when you get it home and try to use it, this falls into the category of a strict liability tort. Strict liability differs from negligence in that you don’t have to prove that the manufacturer did not act responsibly or that it failed to take some action that would have protected you from harm. It’s enough that the company was liable for producing a safe product and it did not. Unlike with an intentional tort, you don’t have to establish that the manufacturer intended to hurt you.
Nuisance Torts
A fourth type of tort isn’t really a separate tort at all because it requires that one of the other tort requirements be present. A nuisance tort involves either negligence, intention or strict liability. It alleges that someone did something under one of the other three tort definitions that resulted in an unpleasant event that cost you the enjoyment of your home or land. If the owner of the lot next door to your house decides to use it as a toxic waste dump, this would be a nuisance tort.
