Tort is a legal term that describes a wrongful action (or failure to act) that causes another person harm. An injured person (the plaintiff) has a civil claim against the at-fault party (the defendant) who commits a tort. Tort law provides a way for the plaintiff to recover compensation from the defendant. Injuries don’t have to be physical injuries. In tort law, injury refers to physical, emotional, and financial injuries. A plaintiff who wins their case can recover damages—monetary compensation for their injuries.
There are three types of torts:: intentional torts, strict liability torts, and negligent torts.
The tort of negligence is a legal theory that holds an individual or entity responsible for damages resulting from their failure to act with reasonable care in a particular situation, which caused harm to another person or their property. In other words, if someone breaches their duty of care towards others, and that breach causes harm, they may be held liable for the resulting damages.
The concept of duty of care is central to the tort of negligence. Duty of care refers to the legal obligation that everyone has to act reasonably and take steps to prevent foreseeable harm to others. The duty of care is determined based on the circumstances of each case, such as the relationship between the parties involved and the level of risk involved.
To prove negligence, the plaintiff (injured party) must establish the following elements:
- Duty of Care: The defendant had a legal duty to act with reasonable care towards the plaintiff.
- Breach of Duty: The defendant breached their duty of care by failing to act with reasonable care.
- Causation: The defendant’s breach of duty caused the plaintiff’s injury.
- Damages: The plaintiff suffered damages, such as physical or emotional harm, financial loss, or property damage, as a result of the defendant’s breach of duty.
If the plaintiff can prove all four elements of negligence, they may be able to recover damages from the defendant.
Negligence can take many forms and has different standards for proof depending on the situation. However, there are several common types of negligence claims that have been established through legislative actions and court rulings. These include:
- Medical Malpractice
- Premises Liability
- Dog or Animal Attacks
- Motor Vehicle Accidents
If you believe that you have suffered harm due to negligence in any of these categories, it’s crucial to seek the assistance of a skilled attorney.
Our law firm, Rush & Frisco, is committed to assisting individuals who have suffered injuries due to another person’s negligence. Our team of personal injury attorneys has devoted their careers to advocating for the rights of injury victims and helping them obtain the compensation they are entitled to. We understand that being injured can be costly and time-consuming, but you don’t have to face it alone. Contact us today for a complimentary consultation and let us help you obtain the justice you deserve.
