What Is a "Tort" in Legal Terms?

A tort is a wrongful act—other than a breach of contract—that results in harm or injury to another person and gives the injured party the right to file a civil lawsuit for damages. Unlike criminal law, which focuses on punishing offenders and protecting public order, tort law is concerned with compensating victims and holding individuals or entities accountable for harm they cause.

For example, if someone slips on a wet floor in a store because there was no warning sign, they may file a tort claim against the store for negligence. The goal of tort law is to restore the injured person, as much as possible, to the position they were in before the injury occurred.

Torts form the basis for many personal injury claims and play a critical role in promoting accountability and protecting individual rights.

Types of Torts

Torts generally fall into three main categories, based on how the harm occurred: intentional, negligent, or based on strict liability.

1. Intentional Torts

Intentional torts occur when a person intentionally engages in actions that cause harm to another individual. In these cases, the defendant's actions are deliberate, even if the outcome (such as the extent of injury) wasn’t fully intended.

Common examples include:

• Assault and Battery: Assault is the threat of harm, while battery is actual physical contact or violence.
• False Imprisonment: Illegally restraining or confining someone without their consent or legal justification.
• Defamation: Making false statements about a person that harm their reputation (libel if written; slander if spoken).
• Intentional Infliction of Emotional Distress: Engaging in extreme or outrageous behavior that causes severe emotional trauma.

Example: If someone punches another person during an argument, the victim can sue for battery—even if the attacker is never criminally prosecuted.

2. Negligence

Negligence is the most common type of tort and involves careless behavior that causes harm to another person, even if the harm wasn’t intentional.

To win a negligence case, the plaintiff must prove:

1. The defendant had a duty of care (a legal responsibility to act safely or reasonably).
2. That duty was breached through action or inaction.
3. The breach directly caused the injury or loss.
4. The plaintiff suffered damages—like medical costs, lost income, or pain and suffering.

Examples of negligence:

• A driver runs a red light and crashes into another vehicle.
• A doctor fails to diagnose a serious condition that any reasonable physician would have caught.
• A landlord ignores broken stairs, and a tenant falls and gets injured.

Example: A distracted driver who causes a crash could be held liable in a negligence claim. For a real-world example, see this case study on a brain injury settlement.

3. Strict Liability

In strict liability torts, a person or business can be held legally responsible for harm regardless of fault or intent. This type of liability often applies in situations where the law imposes a heightened duty of care due to the nature of the activity involved.

Strict liability is typically seen in:

• Product Liability: Manufacturers, distributors, or retailers can be held responsible for injuries caused by defective or dangerous products—even if they weren’t negligent.
• Animal Bites: In many states, pet owners are strictly liable if their dog bites someone, especially if the dog has a known history of aggression.
• Ultrahazardous Activities: People who engage in inherently dangerous tasks (e.g., using explosives, transporting toxic chemicals) can be liable for any harm caused, even if they took precautions.

Example: A consumer who is injured by a defective power tool may sue the manufacturer under strict liability without needing to prove carelessness or negligence.

For more on this, explore article on handling defective product claims.

Key Elements of a Tort Claim

To successfully bring a tort lawsuit, the injured party (plaintiff) generally must prove the following legal elements:

1. Duty of Care

• The defendant had a legal obligation to behave in a way that avoids foreseeable harm to others. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.

2. Breach of Duty

• The defendant failed to meet their duty. This breach could be an action (like speeding) or a failure to act (like not cleaning up a spill in a grocery store).

3. Causation

• There must be a direct connection between the defendant’s breach and the plaintiff’s harm. The harm must be a reasonably foreseeable consequence of the breach.

4. Damages

• The plaintiff must show actual losses, which can include:
• Physical injuries
• Medical expenses
• Lost wages
• Emotional distress
• Property damage

Without real harm, a tort claim usually cannot proceed—even if a breach of duty occurred.

For a legal deep dive into these elements, visit the Legal Information Institute.

Remedies in Tort Law

The main goal of tort law is to compensate the victim. Courts may award:

1. Compensatory Damages

• These are intended to make the plaintiff “whole” again. They cover:
• Economic damages: Medical bills, therapy costs, lost income, and property repairs
• Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life

2. Punitive Damages

• In rare cases, when the defendant’s actions were especially egregious or malicious, the court may award punitive damages. These go beyond compensation to punish the wrongdoer and deter others from similar conduct.

Why Torts Matter

Tort law plays a vital role in society because it:

• Holds individuals and businesses accountable for their actions
• Provides financial relief and justice to victims
• Encourages safer practices in everyday life (e.g., cleaner workplaces, safer products, better medical care)
• Deters reckless or harmful behavior

Without tort law, injured parties would have little recourse for compensation, and bad actors would face fewer consequences for their actions.

Final Thought

Understanding torts is essential for anyone involved in a personal injury case or other civil dispute. Whether you’re dealing with a car accident, a defective product, or emotional harm from an intentional act, tort law is the framework that protects your rights and helps you seek justice.