Explanation Of Torts
Black Personal Injury Lawyer
A tort is a civil wrongdoing, or breach of contract, in which the plaintiff (or the victim) suffered some harm which was caused by the direct and proximate conduct of the defendant (the aggressor). Tort law differs form criminal law, which deals with criminal wrongdoings and breaking of laws, which is punishable by the state. Civil and criminal law can go hand-in-hand with some acts, such as assault and battery, in which the state can prosecute for criminal charges and a personal injury attorney can sue for financial compensation.
Tort law gives victims the ability to receive compensation for harms that result from a breach of civil duties from another. The duty can involve any behavior or conduct that causes direct harm that is the proximate cause of the defendant’s action. Torts fall into three different and distinct categories as a Black personal injury lawyer can explain:
Intentional Torts: Intentional torts are wrongdoings that the defendant knew or should have known would result due to their actions, which was the direct cause of harm to the victim. For example, physically hitting or beating someone knowing that the beating would cause direct harm.
Negligent Torts: Negligence torts occur when the defendant’s actions were unreasonably dangerous and they violated a duty they owed to the harmed person. For example, a person driving runs a red light and hits another vehicle, causing an accident.
Strict Liability: Strict Liability is the concept that it does not matter whether the intent or duty was breached, the defendant is liable because the matter is so important. For example, a defective product caused an injury, and now the victim is having severe medical complications. The manufacturer who sold the product would be liable for the damages.
Intentional Torts
An intentional tort exists when someone carries out an act with the direct and deliberate intent of causing harm, knowing that their actions will likely cause the injury intended. Assault, the threat of or actual attempt of causing harm, and Battery, the physical act of injuring another, are both examples of intentional torts.
Negligent Torts
A negligent tort exists when the harm that occurred was unintentional, but legally punishable. In order to prove negligence, there are several elements which all must be proven in order to bring a successful claim, including:
The defendant failed his or her duty to anticipate and guard against reasonable risks.
The defendant neglected to take the necessary reasonable precautions in order to avoid the risk.
The actions taken, or lack thereof, caused an actual physical injury to the victim.
The defendant directly engaged in the behavior or bread of duty that led to the victim’s direct harm or injury.
Strict Liability
Strict liability, also called absolute liability, is the concept in which the wrongdoer’s or defendant’s intent was not to cause harm, but they are held liable because the product or item was important in nature and was used. Strict liability applied to possession of certain animals, engaging in abnormally dangerous activities, and defective products.
Torts In Nevada
Many statutes and elements change from state, county, and jurisdiction. In order to be best informed of your rights, it is advisable to contact a personal injury attorney who can better assist you with understanding the complexities of the law.
If you’ve been injured due to the negligence of another or because of a defective product, a personal injury attorney can advise you on the complexities of negligence law and torts, and help you obtain the compensation you deserve.
Thanks to Eglet Adams for their insight on torts.