Tort Law-Overview

Tort law is the body of law that governs remedies for civil wrongs that do not arise from contractual agreements. A person who suffers damages from someone else who broke the law might be eligible to receive compensation from the person who is legally responsible, or liable, for those injuries that have been inflicted on the victim. Personal injury is any injury that is inflicted on one person as a result of the negligence of another person. This injury can occur accidentally or on purpose. Personal injury cases are some of the most common injury cases in the United States today. They involve:

  • Crimes
  • Negligence
  • Damages
  • Strict liability
  • Accidents
  • Nuisances
  • Trespassing
  • Defamation
  • Privacy
  • Infliction
  • Economic

Torts within the law of the United States are typically divided into three different categories; intentional torts, negligence, and strict liability torts. An intentional tort is a tort that is done voluntarily and with knowledge that the tort is being committed by the person committing the tort. The types of intentional torts are assault and battery, false imprisonment, intentional infliction of emotional distress, invasion of privacy, fraud, defamation of character, malicious prosecution, abuse of process, conversion, and trespassing. Negligence includes emotional distress, medical malpractice, joint liability, comparative negligence and punitive damages. Strict liability includes product liability.

Personal Injury Lawsuits

Personal injury lawsuits have become incredibly common in the United States today; ones arising from negligence and ones arising from intent. People can sue other people for intent or for negligence when it comes to a personal injury case. Victims, or plaintiffs, of a personal injury case usually sue the defendant for damages inflicted during the tort. The result of the lawsuit, if won by the plaintiff, will result in compensation paid to the plaintiff. The compensation will be money for medical bills, time away from work, or other fees incurred following the injury.

Property Torts

Property torts are considered to be a part of personal injury torts because some property torts can cause personal bodily harm. The list of property torts include:

  • Trespass to land
  • Conversion
  • Detinue
  • Replevin
  • Trover

Trespass to land is when an individual intentionally enters the land of another without any lawful excuse. Even if there is no actual harm done to the land or the person who owns the land the victim of the trespass is still allowed to sue the trespassing person. Conversion is when one person removes the property of another person without permission. Examples are the cutting down of trees on another person's property and using them for firewood or removing furniture from a cohabited dwelling and not telling the other person where the furniture is. Detinue is the wrongful detention of a person's goods. Replevin is the recovery of a person's goods that were unlawfully taken from his or her possession by a legal process. Finally, a Trover is a form of lawsuit that helps to recover damages for wrongful taking of personal property. There are such things as dignitary torts. Dignitary torts include defamation, invasion of privacy, breach of confidence, abuse of process, malicious prosecution and alienation of affections.

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