Briefly and generally speaking, the term “tort law” encomasses legal situations where an individual could be held liable for an injury inflicted upon another person. Tort law cases also involve the injured party seeking compensation for any damages they have experienced (property loss, physical harm or pain and suffering).
There are three types of tort cases in which you could be involved. They include intentional torts, negligence and strict liability.
An intentional tort case is just that: intentional. This type of tort case takes place when an individual intentionally engages in actions that effectively cause injury or damage to another person.
For example, throwing a punch in a fight is intentionally engaging in destructive behavior. A plaintiff can file an intentional tort suit in this situation.
Examples of intentional torts include battery, conversion, false imprisonment and defamation.
Negligence is the most common type of tort. These cases are deliberate, but they are caused when an individual acts carelessly resulting in the injury of another.
For example, a janitor has a duty to put up a wet floor sign after mopping. If he or she fails to put up the sign and someone falls and injures themselves, a negligence tort case may be filed.
Examples of negligence torts include car accidents, bicycle accidents and medical malpractice.
Strict liability, or “absolute” liability, is a tort case where responsibility can be placed on an individual without proof of negligence or fault.
For example, if a company releases a defective product for consumer purchase, and a consumer is injured because of the defect, strict liability is imposed. The company is always held liable.
Examples of strict liability torts also include animal attacks and abnormally dangerous activities.
To win a tort case, three elements that must be established in a claim include:
- That the defendant had a legal duty to act in a certain way
- That the defendant breached this duty by failing to act appropriately
- That the plaintiff suffered injury or loss as a direct result of the defendant’s breach
Consult a Tort Injury Lawyer
If you or someone you know has been injured, an experienced tort lawyer can help you receive the compensation you deserve. Colorado tort attorneys at The Babcock Law Firm understand the ins and outs of tort law and have represented individuals after car accidents, slip and falls and even wrongful death. Contact us today for a free consultation.