What is a Tort?

If someone injures you, ruins your reputation or damages your property, tort law is the area of civil law that can provide you with compensation or remedy. A tort may be best described as a “private wrong.” A tort is not criminal. Crimes are those wrongs against society as a whole and those prosecuted by the state. Torts, however, are wrongs against a specific person and those brought by a plaintiff (the person “wronged”).

Tort law was an important part of the common law and evolved on a case-by-case basis. Therefore, tort law is still predominately court-created law but legislatures are playing an increasingly active role. One example of this is legislators placing limits on the amount of damages that can be awarded in certain types of court cases.

Torts have traditionally been classified into one of three major categories. When people intentionally seek to commit a violation of duty the purposeful conduct is classified as an intentional tort. Tortfeasors (those having committed the tort) are often subject to a greater range of damages in intentional tort cases. Assault and battery are intentional torts which are often combined. When the harm occurs as a result of a careless act with no intent to hurt anyone, the act is considered the tort of negligence. Personal injuries in car accidents are frequent negligent cases. There are also times when the defendant is held responsible even though the defendant lacked the intent to injure anyone and didn’t act with negligence. They fall under the classification of strict liability. This type of tort is often associated with defective products.