A tort is an injury that falls under Tort Law. For injuries incurred under Tort Law, plaintiffs would be dealing with a personal injury lawyer.
A tort is really classified as a civil wrongdoing that may be punished in court, and in most cases the aim of taking a tort to trial is to recover damages for the harm done and to deter/stop others from doing the same thing. “The most recognizable torts are negligence, product liability, battery and assault, trespassing, and the intentional infliction of emotional distress,” outlined Robert Webb of Webb & D’Orazio in Marietta, Georgia.
There is a fine dividing line between the tort categories that most tort (personal injury) lawyers adhere to – strict liability torts, intentional torts and negligent torts. Proving each of the cases in the various categories is the lawyer’s job based on the skills acquired from years of practice in this area.
“In general, an intentional tort means the defendant knew the consequences of their actions before the tort was committed. The best example here would be vandalism, where the perpetrator would have a certain goal in mind – e.g. to paint the bridge with swear words – and then carry out the deed,” said Webb.
A negligent tort is a bit different. It is something that happened to a person or a thing as a direct result of the defendant’s actions. For instance, if someone runs a red light on the spur of the moment, it wasn’t an intentional act against a particular person. However, the resulting crash harms others.
Torts that lie in strict liability refer to selling and manufacturing defective products. In cases like this, the defendant is solely judged on the basis of damages caused to someone who used the defendant’s defective item. “These cases are complex and a great deal of evidence is required to prove the case. Generally speaking the proof must be in one of three defect categories,” explained Robert Webb of Webb & D’Orazio in Marietta, Georgia.
The first defect category is design defect, meaning the particular defect was there before the product was created. Manufacturing defects speak to the product quality that is defective because of a construction flaw. “Marketing defects mean the instructions to use the product are flawed which means the product is misused and may cause injury,” added Webb.