What Is Tort Law and What Are Its Types and Examples?

Tort law is a fundamental aspect of civil law relating to victim compensation. It aims to ensure that anyone injured or who suffers personal or property damages due to the actions of another person is compensated or receives some remedy. 

Across the United States, there are medical and other forms of negligence, defamation, assault, injuries from defective products, and property trespass or damage. Victims in these cases often seek compensation in court, sometimes leading to settlements and other concessions. This is largely possible through tort law.

By focusing on victim compensation, tort law aims to deter certain unlawful or harmful actions and ensure that victims of such actions are restored, as much as possible, to their position before the injurious action. 

The courts consider several factors to determine if a person is entitled to compensation under tort law and the type or amount of compensation. It helps to be aware of and understand these factors, especially if you feel you are the victim of harmful conduct. Be that as it may, always involve a licensed attorney before you take any legal action.

What Is Tort Law?

Tort law is a field of law that focuses on compensating a person for the wrongful or injurious actions of another person. This extends to omissions or inactions, too. For example, where a medical professional fails to do something expected of them and a patient suffers some injury as a result, this omission or inaction may entitle the patient to compensation.

Tort law is an aspect of civil law that primarily operates on the principle that “where there is a wrong, there is a remedy”. This largely means a victim of an unlawful or harmful action or omission is entitled to a remedy.

Tort law differs from criminal law in several ways. For example, tort law focuses on victim compensation, while criminal law focuses on punishing or rehabilitating the person liable for harmful conduct. 

Also, criminal law typically outlines penalties for harmful conduct. Tort law is largely unwritten, and the courts are guided by several factors when deciding the liability of a person responsible for harmful conduct, especially previous court decisions on the issue, the extent of harm or injury suffered by the victim, and the victim’s request.

Tort Law Definition

It is difficult to arrive at a definition of tort law that encompasses every aspect. More simply, it is a body of rules that ensure that anyone responsible for harmful conduct or omission is also responsible for compensating their victims. What is considered harmful conduct under tort law is extensive and injury or damage is not specific to individuals. It includes injury to property, reputation, and means of income.

Tort law deters harmful conduct and effectively protects legal rights, including an individual’s personal safety, property, and reputation by holding a person responsible for compensating their victims.

A tort is a conduct that causes legally recognizable harm or injury to another person, which forms the basis for a tort claim. 

A common example of a tort is negligence. A person who texts while driving and gets involved in an accident that causes injuries to another driver will likely be deemed negligent and be held responsible for the medical fees and other directly related costs incurred by their victim.

Another example is defamation. A person who makes a statement about another person, knowing the statement to be false, and it is reasonably expected that such statement will harm the other person’s reputation, may be liable for defamation if the other person’s reputation is negatively affected by the statement.

There are several other examples of torts. If the conduct is likely to cause harm, it is likely a tort. It should be noted that tort victims are not always entitled to compensation. If the harmful conduct is justifiable or done according to the law or applicable rules, the person responsible may not be liable under tort law.

For example, a patient may have suffered injuries during treatment. However, the medical professional responsible for the patient’s treatment may not be held liable under tort law if they followed the law and all applicable rules when treating the patient. Note that these nuances are on a case-by-case basis and involve several considerations.

What Is a Tort Claim?

A tort claim is a legal action brought by the victim of a tortious act against the person responsible for the act. In a tort claim, the victim of the tortious action is usually the claimant and the person responsible for the act is usually the defendant. 

A tort claim typically outlines the basis for the claim, which is the tortious act and how it has caused the claimant injuries, and a request for compensation, which may be monetary damages, an injunction, a restraining order, or a mix of them.

What Are the Types of Tort Law?

Tortious conduct is primarily categorized into three types, and each category has peculiar attributes. The three categories are:

• Intentional Torts
• Negligence
• Strict Liability Torts

Intentional Torts

This refers to harmful conduct done with intent to harm another person. When seeking compensation for conduct considered an intentional tort, the victim must typically prove intent. Examples of intentional torts include battery, defamation, and intentional infliction of emotional distress.

Negligence

Negligence refers to harmful conduct that violates the duty of care owed to the victim of the conduct. In determining if an action is negligent, the court considers the following factors:

• Did the defendant owe the claimant a duty of care?
• Did the defendant violate that duty of care?
• Did the victim suffer injury or damage?
• Was the injury or damage, if any, directly related to the defendant’s actions?

If the answers to questions are affirmative, the defendant’s conduct will likely be deemed negligent. 

A medical personnel who administers the wrong medication to a patient is an example of negligence, as they have violated their duty of care to the patient. The patient may be compensated if the wrong medication causes pain or injury.

Strict Liability Torts

Intentional tort requires intent, and negligence involves some form of carelessness. On the other hand, strict liability torts are harmful conduct that do not require negligence or carelessness. The mere occurrence of the harmful conduct entitles the victim to compensation.

An example of strict liability torts is product liability. A person who purchases a product that turns out to be defective and causes harm to them is entitled to compensation from the seller of the product. It is irrelevant that the seller acted intentionally or negligently. 

Examples of Tort Law Cases

Courts in the United States entertain many tort cases yearly. In early 2024, a United States District Court, in the case of United States et al. v. HVI Cat Canyon, Inc., found a defendant, an oil and gas production company, guilty of gross negligence for some of its operations that resulted in oil spills. The court ordered over $50 million in damages.

Another example is the case of Kromphardt v. Mercy Hospital, where the claimant was awarded nearly $100 million, Iowa’s most prominent medical malpractice verdict, for a doctor’s negligence in the birth of their child, which resulted in the child’s skull fracture and other medical complications.

However, in Justine Hsu v. Tesla Inc. et al., a case on product liability whereby the claimant alleged that Tesla’s autopilot was defective and caused an accident, the jury found in favor of Tesla. In that case, the jury found that Tesla’s autopilot and airbag systems in the claimant’s car did not fail, considering evidence that the claimant was distracted seconds before the crash.

Courts review tort cases on a case-by-case basis and consider the facts of each case in reaching a verdict.

How Does Tort Law Work?

The process for filing a tort claim depends on whether you commence the claim under the Federal Tort Claims Act (FTCA) or a civil lawsuit. The FTCA is a law that permits suing the United States for most torts committed by officials or persons acting on behalf of the United States.

This process differs by state. Therefore, it is best to contact a licensed attorney in your state.

The Role of Compensation in Tort Law

Compensation in tort law primarily aims to restore a victim to their former position before the tortious act. For example, the compensation should be enough to cover their medical bills until they are treated for the injury or their repair bills until the property is restored to how it was before the damage from the tortious act.

It should be noted that the compensation may be more extensive, depending on the tortious conduct. It may include punitive and nominal damages.

Burden of Proof in Tort Cases

The burden of proof in tort cases, as in most civil lawsuits, is on a balance of probability. This means that the defendant is more likely than not to be at fault for the tortious conduct. This differs from criminal lawsuits where the burden of proof is beyond a reasonable doubt.

Tort law is a fundamental part of most legal systems, ensuring victims of harmful actions receive compensation. This deterrence is instrumental in protecting the legal rights of everyone from reckless disregard and ensuring no one violates the duty of care they owe to others.

If you feel you are the victim of a tort, whether an intentional, negligent, or strict liability tort, you should speak with an attorney and consider your chances of receiving remedy for the harm done.