All torts primarily involve one person causing harm to another party, but the details or specifics can differ from case to case. Tort law is a branch of law that focuses on interpersonal wrongful acts between private individuals. This area of law adopts the structure of requiring an individual who has been negligent in some way to compensate for injury or harm caused to another person. The significance of tort law in the legal system cannot be overstated, as it helps achieve justice in a unique way. Generally, tort law compensates a person for harm caused by another individual by determining whether the latter is liable for the injury and holding them financially responsible. In addition, it deters other parties from wrongful conduct or causing harm.
What is a Tort Law?
Tort law is a form of restorative justice that provides a remedy for harm caused to an individual with monetary compensation. It typically includes claims by someone who alleges they have been harmed by another party (individual or entity). Torts can constitute crimes, but they do not have to. As opposed to criminal cases, actions in tort are primarily civil cases. Cases of tort law examples that are not necessarily criminal cases include the following:
- Someone whose feet are negligently stretched out, causing another person to fall down the stairs and sustain serious injuries
- An individual who carelessly spills boiling oil on another party and causes the victim severe burn injuries
Tort law is quite different from criminal law and contract law. The primary goal of tort law is to recover damages to compensate victims for harm done to them by private individuals or entities. In other words, it protects the rights of an individual. On the other hand, criminal law primarily upholds law and order in the public. It prevents crimes by punishing individuals who commit illegal acts or violate public rights with certain penalties, including severe ones like jail sentences. In criminal law, the court's decisions often enter the defendants' criminal records.
Contract law is a distinct branch of law that is primarily concerned with the obligations and rights stemming from agreements reached between parties. In tort law, damages can include compensation for losses such as property damage, physical injury, emotional harm, and loss of income. However, compensation in contract law is largely restricted to the losses suffered due to a breach of agreement.
Generally, a tort is a type of act that leads to harm or injury to another person, and it largely results in a civil wrong for which courts impose liability. Several claims in civil cases, except contractual disputes, fall under tort law. Tort law is considered a part of civil law because any dispute between private individuals is typically handled under the jurisdiction of civil law.
Types of Torts
While torts generally involve a person inducing harm to another individual, they are of different types, depending on the specifics. The three main types of tort laws include cases alleging intentional harm, negligence, and strict liability, which are all different categories of torts.
Intentional Torts
An intentional tort happens when someone deliberately engages in acts that cause another individual damages or injuries. In most cases of this type of tort, it is challenging for the victim to prove beyond doubt that the defendant intended to cause harm by their actions. Common examples include assault, defamation of character, false imprisonment, battery, intentional infliction of emotional distress, and trespass to land.
Negligence
Negligence or negligent tort is when someone fails in their duty to prevent an accident or injury, leading to unintended damages. Unlike intentional torts, individuals alleged to have committed negligence cause harm to others because of their careless acts. For instance, it is negligence when a janitor fails to mop the floor dry, causing another employee to slip and sustain serious injuries. Popular examples of negligent torts are medical malpractices, auto accidents, and slips and falls.
Establishing proof of negligent torts is easier than intentional torts, and four elements are required to prove it. These are the duty of care, breach of duty, causation, and damages. The duty of care is the defendant’s legal obligation to take reasonable measures to avoid causing injury to others, while the breach of duty is when they fail to comply with the duty of care. Causation is that which the victim can claim caused the alleged harm, while damages may include lost wages, suffering, and pain as a result of the incident.
Strict Liability
In any strict liability case, the defendant automatically and absolutely becomes liable or responsible for injury or damages. The victim only needs to demonstrate an injury and is not required to prove negligence or intentional tort. The defendant pays for the victim's losses even if they (the defendant) did not intend to cause harm. Common examples of strict liability torts are cases involving animal attacks and defective products.
Elements of a Tort Claim
The four elements of a tort claim, which a plaintiff (victim) must prove in court to win a case, are discussed below:
- Duty - This is a person's legal obligation to prevent others from sustaining injuries due to their actions or inactions. For example, it is the duty of every driver to stop at a stop sign to avoid crashing into other vehicles or pedestrians.
- Breach of Duty - This happens when someone fails to comply with their duty as required by instructions or law. For instance, it is a breach of duty for a driver to knowingly or unknowingly ignore the stop sign and accelerate their car when they are expected to stop.
- Causation - This is what causes a person an alleged harm or injury and must be proven in court. For example, an accident victim must be able to prove that the injury sustained is directly related to the accident.
- Damages- These can include lost wages, pain, suffering, medical bills, disfigurement, scarring, and, at times, loss of life, which a victim must prove to receive compensation for their injuries and losses.
To illustrate how to apply these elements to a tort lawsuit and win, consider the case of an employee who slips and falls because a janitor fails to mop the floor after water spillage as outlined below:
- Duty - The janitor's duty includes cleaning and making sure to mop the floor dry.
- Breach of duty - The janitor fails to mop after splashing water on the floor with the intention of cleaning it immediately.
- Causation - The victim slipped and fell as a result of the janitor's failure in their duty.
- Damages - The injuries and bruises sustained and the pain the victim feels are enough to demonstrate damages and receive compensation.
Defenses to Tort Claims
In a tort case, a defendant may raise defenses to argue that they are not legally liable for the harm or injuries suffered by the plaintiff (victim). Knowing how to defend tort claims plays a significant role in determining the outcome of tort lawsuits in court. Common defenses for tort claims are discussed below.
Contributory and Comparative Negligence
Contributory negligence is a defense that claims that a plaintiff's actions contributed to their own loss or injuries through carelessness. Depending on the laws of the jurisdiction, the damages a plaintiff can recover may be reduced or eliminated if found to be partially responsible for the harm done to them. Similarly, comparative negligence is a partial legal defense that decreases the amount of damages a plaintiff can recover in a negligence tort-based claim. However, unlike contributory negligence, comparative negligence defense is based upon the extent to which a plaintiff's negligence contributed to their own injuries or losses. Also, a person's negligence only reduces the recovery based on the degree of relative negligence. It does not bar or eliminate all recovery.
Assumption of Risk
This is a common legal defense in tort claims that argues that a plaintiff knowingly and willingly assumed the risk from the activity leading to their injury or loss. In other words, the plaintiff took the risk of injury upon themself, understanding the potential harm, and absolved the defendant from any liability. The assumption of risk applies when someone participates in extreme sports like mountain. The person already assumes the risk of injury and cannot hold the organizers responsible or sue them for any injury. The assumption of risk can either be implied or expressed.
Consent
In a tort case, the defense of consent can apply where an individual who willingly consents to the risk of injury or harm cannot claim damages if they sustain any injury as a result of the risk they voluntarily accepted. Defendants can use this defense when the plaintiffs knowingly participated in dangerous activities and accepted the risk of harm. For instance, the defense of consent in tort law in healthcare can apply to certain medical procedures. The defense of consent can also be used where a plaintiff sustains injury after voluntarily participating in contact sports.
Damages in Tort Law
In tort law, damages are a form of money paid to compensate a victim or to restore them to the position they would have been in if an alleged harm had not been done to them. They are awarded to the plaintiffs by the courts and are of different types. Common damages awarded in tort cases include nominal, compensatory, punitive, and aggravated damages.
- Nominal Damages - These are damages awarded in tort cases in which, even though the plaintiffs suffered legal injury, there are no actual losses or injuries suffered. They often apply in cases where the courts recognize the plaintiffs' right violation, and the damages awarded are so little because the plaintiffs suffered no actual loss or harm.
- Compensatory Damages- In tort cases, compensatory damages are awarded to a tort victim to help them return to their original position before a loss or harm. They are mostly helpful in cases of financial losses and are not awarded to discipline the defendant but to return the plaintiff to their previous condition.
- Punitive Damages - These kinds of damages are awarded to plaintiffs to punish the defendants and serve as a warning so that other people are deterred from committing a similar act. In most cases, punitive damages are awarded to a plaintiff when a court determines that the defendant's offense was severely awful.
- Aggravated Damages - These are awarded to plaintiffs in tort cases that compensatory damages cannot adequately compensate and are given as additional damages other than those awarded for their financial loss. Aggravated damages are granted for harm that cannot be calculated in monetary terms, such as pain, loss of self-esteem, and torture.
The amount of damages awarded in tort cases depends on several factors. The court considers factors such as the extent of the harm/loss, the nature of the injury, and the relationship between the defendant and the plaintiff in calculating how much damages to award to the plaintiff. In addition, the calculation varies by the case.
For instance, in the case of the shortening of lifespan, the court does not consider the social status of the plaintiff when awarding damages. In the case of the death of an individual, damages are calculated using the interest and multiplier theories. Under interest theory, the court determines the loss suffered by the plaintiff's dependent due to the deceased plaintiff's death. In the multiplier theory, damages are determined by the future loss the deceased plaintiff's dependent is likely to suffer due to the tort committed by the defendant.
A notable example of tort cases in history is Monroe v. Hopkins.The case was a tort of libel concerning defamation through a permanent form of communication. Jack Monroe sued Katie Hopkins for libel after Hopkins falsely alleged via their exchange on X (Twitter) that Monroe vandalized the Women of World War II Monument in Whitehall. Justice Warby concluded Hopkins's tweets were defamatory and caused serious harm to Monroe's online presence and reputation. As a result, damages valued at 16,000 to 24,000 pounds were awarded to Monroe for the first tweet and another 8,000 pounds for the second one. In addition, Hopkins was required by law to pay costs assessed at over 300,000 pounds.
Tort Law in Practice
The specific process of filing a tort claim may differ based on the jurisdiction. However, regardless of where you file it, the basic process includes case presentation, case filing, and litigation.
In the case presentation stage, send demand letters to the party you want to sue, either an individual or entity, stating the circumstances and why you are entitled to justice for the harm they caused you. While you can choose to handle a tort case by yourself, using the help of an attorney is strongly recommended. Demand letters should indicate your intention to sue the party unless they respond or compensate you on a specific date. You or your attorney should gather as much evidence as possible at this stage.
When filing the case, the correct forms to use must be identified. This is another reason you need an attorney, as these forms vary by case. The attorney will draft an official complaint and create a summon, notifying the defendant that you are suing them. While the summon allows the defendant to respond, your attorney will officially file the tort case with the court. You will pay filing fees, but the court may waive the fees if you cannot afford them.
During the litigation stage, the defendant may respond to your complaints or file motions, like a motion to dismiss the plaintiff's suits. It is important that you respond to the motions within a specific timeline. You will also exchange information with the defendant about the suit and the evidence you have gathered and intend to present at trial. Some courts may require you to explore an alternative to trial that should help you resolve the case. If this fails and you cannot settle the tort dispute, the case will proceed to trial. Your attorney will work with you to seek justice during the trial.
Generally, a tort is less serious than a criminal offense, but it can earn you damages for harm or injuries sustained due to another person's negligence or wrongdoing. Tort laws are a form of restorative justice that awards compensation to plaintiffs, usually through money. Besides, they disclose wrongdoings at trials, and the verdicts typically deter other wrongdoers. Hence, understanding tort laws and defenses to tort claims is vital to navigating tort lawsuits. However, it is advised to seek legal advice if you believe someone has harmed you through their action or negligence and wish to file a tort claim.
