Tort describes wrongdoing that adversely affects specific individuals. According to the law, a tort happens when someone’s property or person gets injured directly by negligence. Torts come in various forms, but they all result in harm to a particular person or piece of property.

One of the most common causes of torts is negligence. An individual who unintentionally causes harm to another person may be prosecuted by the victim of that person’s actions. If an unsafe product causes harm to a person, then a strict responsibility tort occurs. Contact a personal injury attorney to learn more about tort law and how it can impact your case.

What should you know about tort law?

Tort law involves acts or failures on the part of one person causing harm or injury to another.

There are three primary objectives for torts:

• To receive compensation for one’s injuries by the recovery of damages.
• To determine if someone else deserves to be held financially responsible if they cause damage.
• To prevent others from doing the same injury.

Different types of Torts

Although all torts involve an individual harming another, the context of each case could vary. Let us analyse each of the three types of tort cases.

• Intentional torts

An intentional tort happens when someone intentionally does something to hurt another person. Let us say a surgical mistake takes place, implying the patient is not permitted to do the surgery. They could have done an intentional tort in the situation.

Intentional torts can be challenging to prove because the victim has to show that the culprit attempted to injure them. The victim in the previous example might be able to prove that the defendant caused them bodily harm. It will be more challenging for the victim to show that the surgeon intentionally carried out the wrong treatment.

• Strict liability torts

In strict liability torts, the victim does not need to show an intentional or careless tort. In such cases, the victim needs to provide proof of their injuries. It is the defendant’s responsibility by convention.

The most common use of strict liability is in situations involving defective goods. The victim does not have to show evidence of fraudulent intent in order for an item or product to fail and cause harm. They are not required to provide proof that a product designer or worker in a manufacturing facility intended to harm someone. Any damages are automatically the manufacturer’s responsibility.

How are criminal cases and torts different from each other?

You might be questioning how criminal liability cases and tort law are different. In criminal law, the court’s primary goal is to punish the culprit and preserve the rule of law. However, the main objective of tort law is to get the victim’s compensation.

The defendant may be held responsible both tortuously and criminally, even if the objectives of these trials are different.

Obdulia Ross