A tort, in common law jurisdictions, is a civil wrong[1] that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict
.
Legal injuries are not limited to physical injuries and may include emotional, economic, or reputational injuries as well as violations of privacy, property, or constitutional rights. Torts comprise such varied topics as auto accidents, false imprisonment, defamation,product liability, copyright infringement, and environmental pollution (toxic torts). While many torts are the result of negligence, tort law also recognizes intentional torts, where a person has intentionally acted in a way that harms another, and in a few cases (particularly for product liability in the United States) “strict liability” which allows recovery without the need to demonstrate negligence.
Tort law is different from criminal law in that: (1) torts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O.J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death.
definition
A civil wrong which can be redressed by awarding damages. See, e.g. Smith v. United States, 507 U.S. 197 (1993).
tort law: an overview
Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.(See Damages)
Among the types of damages the injured party may recover are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.
There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.
Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts(e.g., causing an accident by failing to obey traffic rules); and strict liability torts(e.g., liability for making and selling defective products – See Products Liability). Intentional torts are those wrongs which the defendant knew or should have known would occur through their actions or inactions. Negligent torts occur when the defendant’s actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.
There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.
Tort law is state law created through judges (common law) and by legislatures (statutory law). Many judges and states utilize the Restatement of Torts (2nd) as an influential guide. The Restatement is a publication prepared by theAmerican Law Institute whose aim is to present an orderly statement of the general law of the United States.
menu of sources
Federal Material
U.S. Constitution and Federal Statutes
- U.S. Code: 28 U.S.C., Chapter 171 – Federal Torts Claim Act (governs tort claims against the U.S.)
- CRS Annotated Constitution
Federal Judicial Decisions
- U.S. Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Torts Law Decisions
State Material
State Judicial Decisions
- N.Y. Court of Appeals:
- Appellate Decisions from Other States
Other References
Key Internet Sources
Useful Offnet (or Subscription – $) Sources
- Good Starting Point in Print: Prosser and Keeton, Hornbook on Torts, West Group (1984)