Torts is defined as an area of law governing private lawsuits for entry to one's personal property.
The tort system deals with everyday personal injury lawsuits including:
- Automobile accidents.
- Dog bites.
- slips and falls.
Beyond common personal injuries, tort law regulates a significant number of economically and socially important activities related to health and safety, including:
- Health care.
- Consumer products.
- Prescription and over-the-counter drugs.
- Automobiles.
- Railroad crossings.
- Building codes.
Tort law is pervasive and touches on nearly all aspects of everyday life.
Principal Categories of Tort Law
The study of tort law is divided into three principal categories based on the nature of the defendant's conduct and state of mind.
Intentional Torts:
- Defined as situations where the defendant's intentional conduct causes harm to the plaintiff's person or property.
- Liability is imposed because the intentional conduct is considered blameworthy.
Negligence:
- Defined as situations where the defendant's unintentional conduct harms another's person or property.
- Despite being unintentional, the defendant is held liable because the conduct is deemed blameworthy.
Strict Liability:
- Defined as liability without fault.
- Under this category, liability is imposed for the harm caused regardless of the defendant's state of mind.
Proving a Tort Claim
Every specific tort claim consists of its own unique "elements."
Elements are the specific things that a plaintiff must prove in order to prevail in a lawsuit.
There is a strict requirement for proving these elements: the failure to prove even one single element will result in the defeat of the plaintiff's entire claim.