Tort Law

  • Tort Law: A civil wrong addressed by rewarding damages

  • In most Tort cases, Defendants hire private lawyers who charge large hourly fees, however many plaintiffs get lawyers who work on a contingent fee (usually get 40-50% of the winnings).

  • Many times businesses can be held responsible, if their actions or negligence could have prevented something

  • Tort Law holds not requirement to save/warn strangers (unless you put them in a situation)

Terms to Know

  • Damages: Monetary compensation for the hurt party

  • Res Ipsa Loquitor: Latin for "the thing speaks for itself." In tort, a principle that allows plaintiffs to meet their burden of proof with what is, in effect, circumstantial evidence. The plaintiff can create a rebuttable presumption of negligence by the defendant by proving that the harm would not ordinarily have occurred without negligence, that the object that caused the harm was under the defendant's control, and that there are no other plausible explanations.

  • Punitive Damages: Damages awarded separately from actual damages from an event when it is deemed that the defendant has acted in a particularly harmful way.

  • Strict Liability: Rule providing that if you cause an injury by a deliberate act, even if you did not mean to cause injury and were careful, you are liable to compensate the injured party.

Types of Torts

  • Intentional Torts: Caused by intentional acts of the defendant

    • Assault/Battery

    • Conversion/Civil Theft

    • Defamation

    • Interference with Contract

    • False Imprisonment

    • Fraud

    • Trespass to land and Chattel

    • Invasion of Privacy

    • IIED

  • Negligence: A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

    • Comparative Negligence: The degree of fault of each party i.e. Plaintiff is 30% at fault while the Defendant is 70% at fault

    • Contributory Negligence: A plaintiff’s failure to exercise care for their own safety


  • Defective Products: Injuries that may stem from defective products/dangerous activities.

Types of Damages

  • Physical/Emotional Damages

  • Economic Damages

  • Noneconomic Damages (Damages that can’t be quantified)

  • Damage to Plaintiff’s Property

  • Punitive Damages