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Search Results - Tort

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Tort law is a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.[1] A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents (negligent acts). In contrast to criminal law (in which the offense is against the State and the State is the plaintiff), in tort law, the offense is against a person and that person is the plaintiff.

For instance, Alice throws a ball and accidentally hits Brenda in the eye. Brenda may sue Alice for losses occasioned by the accident (e.g., costs of medical treatment, lost income during time off work, and pain and suffering). Whether or not Brenda wins her suit depends on if she can prove Alice engaged in tortious conduct. Here, Brenda would attempt to prove Alice had a duty and failed to exercise the standard of care which a reasonable person would render in throwing the ball.

One of the main topics of the substance of tort law is determining the standard of care—a legal phrase that means distinguishing between when conduct is or is not tortious. Put another way, the big issue is whether a person suffers the loss from his own injury, or whether it gets transferred to someone else.

Returning to the example above, if Alice threw the ball at Brenda purposely, Brenda could sue for the intentional tort of battery (and the action might also, separately, be a crime against the State). If it was an accident, Brenda must prove negligence. To do this, Brenda must show that her injury was reasonably foreseeable, that Alice owed Brenda a duty of care not to hit her with the ball, and that Alice failed to meet the standard of care required.

Showing 1 to 25 of 102 Articles matching 'Tort' in related articles.
Pages: 1 | 2 | 3 | 4 | 5 | Next >>

1. Brief Overview of Personal Injury Law
November 19, 2009

Personal injury law, or "tort" law, the French word for "wrong," covers a broad range of issues when a person has been injured or property has been damaged. This body of law allows one to receive compensation for an injury or damage to belongings caused by someone's carelessness, recklessness, or intentional misconduct. Automobile accidents are prime examples of the types of events covered by tort law. The wrongdoers, or defendant, is referred to as the "tortfeasor." Generally, state law governs personal injury lawsuits. In certain circumstances, however, federal law may apply. For ... (read more)

Author: Emauelle Sylvaine

2. Get the best deal on car insurance in Rhodes island
November 06, 2009

The law of the Rhodes island says that the state will follow the rule of Tort system, in which someone must be found to be at fault for causing the accident, and that person and their insurance company is responsible for all the damages. You should be aware that the details of a tort system vary from state to state.To help protect against damages caused to you and your passengers by an uninsured driver, Rhode Island state law requires a minimum Uninsured/Underinsured Motorist coverage of $25,000 per person up to a total of $50,000 per accident for any bodily injury caused by the uninsured and/... (read more)

Author: vijay jain

3. Hire A Personal Injury Attorney - Utilize Your Legal Rights
November 06, 2009

If you have sustained physical injuries or have faced emotional stress because of the negligence or wrongdoing of another individual, entity, government agency, or company, you have the legal right to file for compensation or a lawsuit against the responsible party. The task of a personal injury attorney is to provide legal representation to your case so that you could get the compensation you deserve. This area of law is also referred to as tort law. The tort law is also applicable in situations, where negligence of other parties causes economic or non-economic damages to the rights, reputati... (read more)

Author: Daniel Martin

4. How To Get The Compensation Claim You Deserve With The Help Of An Injury Lawyer
November 06, 2009

An injury lawyer refers to an expert legal professional that specializes in handling cases where the clients have sustained physical or emotional injuries due to the negligence of other parties. Such cases may even include slip and fall accident. If you are visiting someone else’s building and if the floor of that building is so slippery that you fall and get injured, you can file a lawsuit against the owner of that building. Likewise, dog bites cases are also tort law cases. If a dog bites you and you have to undergo medical treatment, you have the legal right to get monetary compensation fro... (read more)

Author: Daniel Martin

5. Intentional Harm to a Person or Property
November 05, 2009

Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or... (read more)

Author: Carolyn Ria

6. Get a good auto insurance in your state: North Carolina
November 05, 2009

Are you aware of the state insurance policy of north Carolina? No. I tell you. The state of North Carolina follows a Tort system meaning someone must be found to be at fault for causing the accident, and that person and their insurance company is responsible for all the damages. And you should know that it differs from state to state. North Carolina state law requires minimum Bodily Injury Liability limits of $30,000 per injured person up to a total of $60,000 per accident, and Property Damage Liability coverage with a minimum limit of $25,000. Now, did you purchased a good car insurance? Yes.... (read more)

Author: vijay jain

7. Work Comp Insurance
November 01, 2009

Workers Comp Insurance Quotes.Workers Compensation, Work Comp, Workmans Comp are all synonymous to Workers Comp and Employers Liability Insurance, developed by the National Council on Compensation Insurance covers the insured's legal liability under the numerous state workers compensation laws or acts. Workers Comp Insurance QuotesWorkers Comp Insurance Quotes - Provides outlined advantages to staff for injuries sustained or diseases contracted arising out of and in the course of their employment. All states have laws requiring such protection for employees and those laws prescribe the amount... (read more)

Author: Dean Markham

8. Factors For Auto Insurance In North Carolina And How To Compare Quotes
October 22, 2009

It is important for anyone living in the state of North Carolina to look into auto insurance. It will help to consider some important factors for North Carolina auto insurance. When these factors are found it can be easy to compare auto insurance quotes in the state. All people who get auto insurance in North Carolina will need to follow the Tort system. In this system someone will be at fault in any auto wreck. The person who is at fault will be responsible for all damages. The insurance company that the person is with will also be responsible. This will impact quotes for auto insurance ... (read more)

Author: Gerd C. Pacher

9. Alabama Auto Insurance Compared To Auto Insurance In CA
October 22, 2009

Alabama and California are two states that are nowhere near each other and have completely different vibes in each place. The way of life in each area is different and the same goes for car insurance. Alabama auto insurance is on point to compare auto insurance in CA, but there are some differences. Alabama auto insurance is on the cheaper side. In 2005, the average car insurance rate was $678 for a policy. This rate was a small increase from the year before but the increase was on average only 4%. Alabama uses a tort system for their auto insurance. This is where an individual has ... (read more)

Author: Gerd C. Pacher

10. A Beginner's Guide to Torts
October 09, 2009

Dictionary[dot]com defines "tort" as a wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation. A tort happens when someone breaks his duties to others under general law. To successfully engage in a tort lawsuit, it must contain four elements: 1. A legal duty or responsibility owed by a person to others; 2. A breach of that duty; 3. That breach causing the damages; and 4. Damages incurred by the victim. Torts come in several gene... (read more)

Author: lawfirm articles

11. Negligence
October 02, 2009

While negligence is known as the most common tort, it also has the distinction of being the most difficult one to define. Negligence is defined as the failure to use reasonable due care to avoid a foreseeable harm to a person, place or thing. If you are negligent and your negligence causes injury to another person to whom you have a “duty of care,” you may be liable to pay any damages resulting from the injury caused by your carelessness. A person may be considered “careless” or “negligent” if they do not issue the appropriate level of care for a particular situation in question. For exam... (read more)

Author: Dyan Anlsema

12. When You Need The Services of a Denver DUI Accident Attorney
September 30, 2009

A Denver DUI Accident Attorney specializes in winning compensation for plaintiffs who have been the victim of someone operating a vehicle under the influence of drugs or alcohol. denver drunk driving accident attorneys are lawyers who practice tort, or civil law. Although every law student studies torts during their initial year of law school, litigators like Denver DUI Accident Attorneys have dedicated their careers to getting justice for victims when the criminal justice system fails. Isn't DUI a Criminal Offense? A trained and experienced denver dui accident lawyer is a litigator... (read more)

Author: Jonathan Blocker

13. School Bus Accidents
October 01, 2009

School bus accidents are amongst the most heartbreaking of all motor vehicle accidents due in part to the unfortunate involvement of young children. As a result, substantial damages are often at issue in cases of this type, and forceful representation is required to bring all responsible parties to justice. In Florida, each district school board can be held liable for tort claims arising out of any incident or occurrence involving a school bus or other motor vehicle owned, or operated by the school board to transport persons. Fla. Stat. § 1006.24. A school bus-related crash is defined as ... (read more)

Author: Delbert Lazarus

14. How Missouri Cut Junk Lawsuits : MATT BLUNT
October 01, 2009

There has been a lot of talk in Washington about cutting wasteful health-care spending, but it is troubling that such talk has not created a sense of urgency for national tort reform. It is especially frustrating because states have already shown that curbing junk lawsuits can cut costs, create jobs, and increase the quality of care available to patients. I know this because that is exactly what happened in Missouri when, as governor, I helped to enact comprehensive reforms. I took office in January 2005 at a time when runaway lawsuits were driving up the cost of doing business in my... (read more)

Author: Health Insurance

15. States are right place to address health care : KEVIN COUGHLIN
September 24, 2009

As the debate over health care reform reaches a fevered pitch in Washington, I think it is appropriate for members of the General Assembly to put forward a state-based approach to lower health care costs and open up greater access. We've made some progress here already with dramatic medical malpractice tort reform. But the current federal proposal would eventually squeeze out private health coverage and quality care, replacing it with government-run coverage and mediocre care. With fall sessions resuming, we have an opportunity to provide other states with a template for resistance t... (read more)

Author: Health Insurance

16. Intentional Harm to a Person or Property
September 24, 2009

Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or of... (read more)

Author: Jesse Gulistan

17. Unjust Enrichment - How Lenders Take Advantage
September 21, 2009

The commonly understood meaning of the phrase "unjust enrichment" is that of a person or company unfairly making obscene amounts of money at the expense of a client or customer. Based on the last few years at least, few homeowners or have any real doubt that this is exactly the type of practice that banks and mortgage companies engage in every single day. However, the phrase also has a specific legal meaning -- one that borrowers may be able to rely on if they face foreclosure or abuse by their mortgage servicing company. It is less well-known by debtors because unjust enrichment is not ... (read more)

Author: Nick Adama

18. Tips In Finding The Right Miami Personal Injury Lawyer
September 18, 2009

A Miami personal injury lawyer is someone who can represent the injured party due to the negligence of another party. This lawyer is knowledgeable and expert when it comes with the tort law. Though these lawyers are trained and licensed to practice in any field of law, they generally handle cases that fall under the tort law which includes workplace accidents, vehicular accidents, malpractice of profession, malfunctions of products and medical mistakes and other accidents that is due to the negligence of another person. When hiring for Miami personal injury lawyer you have to be patient i... (read more)

Author: Allison Ayson

19. Intentional Harm to a Person or Property
September 17, 2009

Personal injury may be caused by a person acting with the deliberate intent to injure or harm another person. This kind of conduct may be referred to as “purposeful,” “malicious,” or “knowing.” A person who acts intentionally and causes harm as a result will be held liable for their actions. When someone intentionally harms another person or his or her property, an intentional tort is committed. Intentional torts can be classified into two groups: intentional torts against people and intentional torts against property. Battery Battery is the intentional, non-consensual, harmful or of... (read more)

Author: Lore Pelagia

20. The Right Focus on Tort Reform
September 12, 2009

The recent headlines about Merck's Vioxx withdrawal and the FDA's move to ban ephedra have brought a lot of media attention to the growing area of drug litigation. On April 12, 2004 the FDA published a rule banning health supplements that contain ephedra alkaloids. The FDA concluded that the limited short term weight loss effects were outweighed by possible heart problems and stroke risks. The market gap caused by the banning of ephedra has been filled by many new companies that are marketing products similar to ephedra. However, these “ephedra alternatives” may not be any safer than the bann... (read more)

Author: preeti sharma

21. Online Auto Insurance quotes, an Excellent Option
September 02, 2009

Every country uses different system for the auto insurance quotes. Like, for example in California, it uses a tort system, in which not only the person who is responsible for the accident is penalized but also the insurance company to which he belongs. This system of penalizing differs from state to state. On an average, the auto insurance rates in California costs around $950 in comparison to the national average which stands around $914. It is a basic myth prevailing in the minds of the people that the rates are fixed and they are bound to accept it but the fact is a mere amount of surfing... (read more)

Author: Francis Adam

22. Tort and Malpractice - Some Clarification
August 27, 2009

Tort law covers wrong doings that are civil in nature. Tort cases differ from criminal cases in that tort cases involved two private parties and criminal cases involve the State bringing an individual or individuals to trial. Malpractice is negligence by a professional, such as a doctor. Torts generally occur as the result of negligence by an individual. Malpractice is the result of negligent behavior by a professional person. Though torts are wrongs committed by one party against another, several different factors must be considered before liability can be determined. For an example, su... (read more)

Author: Gary Haiji

23. Really Fixing Our Medical System
August 27, 2009

Introduction Without question, in many ways the US medical system is the envy of most of the world. We have some of the best medical colleges, many of the best physicians, and state of the art hospitals. Also, our drug companies are some of the most productive in the world. In spite of the above, our medical system is seriously broken. Medical outcomes often trail behind other countries with ostensibly lower quality care, and costs are exorbitant. It is true that some very positive steps have already been taken to reduce costs, such as capping physician and hospital fees via PPO contra... (read more)

Author: Stewart Engelman

24. Toomey: Health focus should be cutting costs : Joe Napsha
August 18, 2009

With the debate raging over health care reform, the government should concentrate on cutting costs of health care, rather than endangering the current insurance system, Republican U.S. senatorial candidate Patrick Toomey said Saturday in Murrysville. "Rather than turning the whole system upside down, and jeopardizing private coverage many people have and are happy with, I think we should focus on (reducing) costs," Toomey said during a brief campaign stop at the Murrysville Community Days. Tort reform is necessary because the system has been hurt by "tremendously abusive lawsui... (read more)

Author: Health Insurance

25. law essay
August 17, 2009

Rareplants Ltd In order to advise the parties in this scenario it is necessary to consider the liability of Rareplants Ltd based on a claim under tort law, as well as any claim that might be brought against the company under statutory obligations. This will involve consideration of the Occupier's Liability Act 1957 as well as the Occupiers Liability Act 1984. The main difference between the 1957 Act and the 1984 Act is that the former applies to lawful visitors whilst the latter relates to the duty of an occupier to unlawful visitors. S2(2) of the 1957 Act places a statutory duty on the occup... (read more)

Author: julie taylor

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