Legal Definitions - personal tort

A personal tort is a type of civil wrong that causes harm to an individual's body, mind, or reputation, rather than damage to their property. It involves an infringement of a person's rights, leading to physical injury, emotional distress, or damage to their standing in the community. The injured party can seek compensation from the person or entity responsible for the harm.

Here are some examples illustrating personal torts:

• Example 1: Negligent Driving Causing Physical Injury

  Imagine a situation where a driver, distracted by their phone, fails to stop at a red light and collides with another vehicle. The passenger in the other car suffers a broken arm and whiplash injuries.

  This is a personal tort because the distracted driver's negligence directly caused physical harm (broken arm, whiplash) to the passenger's body. The passenger could file a personal tort claim to seek compensation for their medical expenses, lost wages, and pain and suffering.

• Example 2: Defamation Leading to Reputational Harm

  Consider a scenario where a disgruntled former employee falsely posts on social media that their previous manager engaged in illegal activities, knowing these claims are untrue. As a result, the manager loses a promotion opportunity and faces significant professional backlash.

  This constitutes a personal tort because the false statements (defamation) directly harmed the manager's reputation and professional standing, leading to financial loss and emotional distress. The tort targets the individual's good name and character, which are personal attributes.

• Example 3: Intentional Infliction of Emotional Distress

  Suppose a neighbor, upset over a property line dispute, repeatedly and intentionally harasses another neighbor by making loud, disturbing noises at all hours, leaving threatening notes, and vandalizing their garden, knowing this behavior is causing severe emotional distress. The targeted neighbor eventually suffers a panic attack requiring medical attention.

  This is a personal tort because the harassing neighbor's extreme and intentional conduct caused severe emotional and psychological harm to the targeted neighbor, directly impacting their mental well-being and leading to physical symptoms. The harm is inflicted upon the individual's mind and emotional state.