What is a tort?

A tort is a civil wrong in which the law allows the injured person to institute a civil lawsuit against the person responsible. A tort can involve a physical injury or a nonphysical injury. Most torts, however, involve a physical injury. The injury or the damage is the basis for bringing a tort claim. The civil remedy for a tort is monetary compensation. A tort is not criminally punishable unless the tort is also a crime. A state's common law and statutory law regulate tort law.

What types of claims does a tort lawyer litigate?

There are various types of specific torts, but the basis of liability for a tort includes three general categories: negligence, strict liability, and intentional acts.

• Negligence: Most tort litigation involves negligence claims. Negligence is the failure of a person to act as an ordinary, prudent, and reasonable person would in the same circumstances. A negligent action results in an unintentional harm to another person. The duty to act only applies to risks and potential plaintiffs that a person can anticipate. Establishing negligence requires showing that the defendant owed a duty to the plaintiff, the defendant breached the duty, the defendant's breach caused the plaintiff's injury, and the harm to the plaintiff caused actual damages.
• Strict liability: Strict liability does not require showing a person's negligence or intent to commit the harm. Strict liability is based on an absolute duty to make something safe. Strict liability often applies to products liability claims and ultrahazardous activities.
• Intentional torts: An intentional tort is a purposeful act that causes harm to another person. For example, punching someone is an intentional tort. Intent is a necessary element of a claim. Intent is specific or general. A person that acts with a specific intent is aware that their actions will cause a specific consequence. General intent is the awareness that one's actions will most likely cause a specific outcome.