A tort is defined as a “wrongful act or an infringement of right (other than a contract) leading to civil legal liability. There are three categories of torts: intentional torts, unintentional torts and strict liability torts.
Intentional torts require an intentional act on the part of someone to injure another. Such a claim may arise when someone intentional strikes another (a “battery”); holds someone against his or her will (“false imprisonment”) or enters someone’s land without permission (“trespass”).
An unintentional tort occurs where the intention to cause harm is not present. This type of claim is one for negligence. This is the basis for the majority of automobile accident claims where the driver that caused the injury to person and property did not do so intentionally. Negligence requires that the injured party prove 1) that the opposing party had a duty to act as a reasonable person under the circumstances; 2) that the opposing party breached that duty in some way; 3) that he or she was injured; and 4) that the injury that resulted was proximately caused by the negligent act.
The last category of torts involves strict liability. In strict liability cases, a party is deemed liable without a finding of fault. The injured party only has to prove that the tort occurred and that the defendant was responsible. Often, the law applies this strict liability standard to situations that are inherently dangerous.
If you have been injured as the result of an act of another, contact an experienced attorney at the law firm of Paulson & Paulson, PLC to protect and understand your rights.