If we had to put is as simple as possible, tort law is essentially all civil lawsuits, including those that deal with car accidents, product liability, nursing home abuse, wrongful death, and premises liability. Tort law provides a victim of wrongdoing with financial compensation to pay for medical bills, property damage, pain and suffering and lost wages. Tort lawsuits can be broken down into three main categories: intentional torts, negligence, and strict liability.
Intentional torts are when an individual or entity purposely engages in conduct that causes injury or damage to another, such as battery, assault and fraud. Next, we have negligence, which is the failure to adhere to a specific code of conduct which every person is expected to follow in order reduce the risk of harm to others. Examples include car and truck accidents. Finally we have strict liability, which applies to cases where responsbility for an injury can be imposed on a third party without proof of negligence or direct fault. Defective product cases and animal attacks are prime examples.
However, just because the pieces are there does not mean you will automatically win.In order to have a successful tort case, the following four elements must be met:
- A duty of care: A duty of care is a legal obligation which is imposed on a third party, requiring them to adhere to a standard of reasonable care.
- Breach of duty of care: If the duty of care is breached by the third party, they could be liable for a tort.
- Causation: This part is important because there needs to be an action from the third party that has caused the victim to suffer harm.
- Injury: If injury or damage is sustained because of the action by the third party, there is a basis for a tort lawsuit.
If all four elements of tort law are present, then a tort has been committed, and you may be able to recover compensation. If you have been injured as the result of a third party, please contact our Bowling Green personal injury attorneys at Law Office of Pamela C. Bratcher.
Call (270) 977-8910 for a case evaluation.