Torts 101

By John Anthony Concepcion
A tort is any injury to a person caused by another. It is not based on a criminal act, although in some cases it can be. It is civil in nature and the liability can be enforced through a civil action.

For example, a person slips and falls inside the premises of a building because of poor maintenance by the owner. He suffers injury and hospitalized. If he can prove that the owner was remiss in his responsibility to keep his building safe, then he can file a civil action to recover a sum of money to compensate him for his injury.

People file tort cases against offenders for four main reasons. First is to compensate the victim for the injury he or she suffered because of an act or omission of another person. Second, it is to compel, by way of a court action, the guilty party to compensate the victim for all the injuries suffered as well as for all the consequential effects of those injuries. Third, it works as a preventive measure against the re-occurrence of the negligent action in the future. Lastly, it is to safeguard the rights of the offended party.

There are three main kinds of torts and they are differentiated by the nature of the liability of the guilty party. These are torts based on negligence, strict liability and intentional wrong.

The first kind is an easy one. It is like saying that the guilty party is to blame for another’s injury because he failed to prevent it and he has a duty to keep it from happening. For example, an owner of a merry-go-round is supposed to ensure that no one is injured while riding in his equipment. If someone does, the owner is liable once proven that his negligence was the cause of the injury.

The second one is tort based on strict liability, which is a species of personal injury. It applies to manufacturers who release to the market defective products and causes injury to people. For example, if a person is injured because of faulty brakes in a bicycle, the manufacturer can be held liable if the product was inherently defective to start with.

The third kind is the tort based on intentional wrong, an example of which is when someone knew that what he was doing will cause injury but decides to go through with it. The person is liable both criminally (if applicable) and civilly liable, meaning he can be sentenced to serve jail time and pay damages to the victim.

If you have experienced any of these three kinds of torts, then it would be better to consult trial lawyers who are well versed in handling torts cases. There are many law firms in California that specializes in personal injury and claims based on torts.

We have personal injury trial lawyers California who have excellent qualifications and track record in handling California Personal Injury Trial Cases.

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