If you are looking to pursue litigation after being the victim of physical harm or property damage, you may have come across the term “tort”. This legal expression is not common in everyday use and you may be left confused. If you are asking questions like “what is a tort” and “does it apply to my case” keep on reading. Law BNI is the place to find the top Boca Raton Tort Attorney for your case and in this article, we will help demystify this label.
What Is A Tort?
A tort is an act or the lack of an act where one party infringes on the legal rights of another and causes harm to a person or property. Many people then ask, is tort not just another word for a crime? No, torts and crimes are not always the same thing, though a crime can also be considered a tort. A tort is a civil case between two cases whereas a crime is considered wrongdoing to society as defined by state or federal laws.
For example, if party A sells mace to Party B in NYC and the case went to court, it would be considered a crime. This is because mace is an illegal substance to sell or own in New York City without specific permits. However, If Party A sells Party B a toaster in NYC that is claimed to have been defective and caused a fire, this would be considered a tort, as selling the toaster in-and-of-itself is not illegal and did not cause the harm. While crimes when they come to light, in theory, must be persecuted by an individual or government, the receiving affected party in a tort can choose not to litigate.
Types of Torts
There are 3 main categories a tort can fall under.
An intentional tort happens when the offending party knows that their deliberate actions will cause harm or loss. Examples of intentional torts include:
- False Imprisonment
- Infliction of Distress
This type of tort is categorized by unsafe actions resulting in accidental injury. Most auto accidents and slip-and-fall cases are categorized as negligent torts. Medical malpractice and specific toxic torts are also examples of common negligence torts.
Strict Liability Tort:
This type of tort is the most ambiguous to define. Strict liability torts result when hazardous actions or products cause harm and do not require the defendant to prove negligence or immediate fault. Our toaster scenario above is a perfect example of a product’s strict liability tort. Domestic animal attack, harm caused by explosives, and some toxic tort cases can fall under the jurisdiction of strict liability.
Law BNI: Your Boca Raton Tort Attorney
Should you find yourself the victim of a tort in South Florida, Law BNI can help. As personal injury lawyers, torts are our specialty. With us, you will get over 35 years of experience and a team of lawyers who always advocate tirelessly for their clients. If you believe you were the victim of a tort and do not know where to turn, trust the attorneys who ALWAYS fight for the injured. Contact us today for a free case evaluation!