Legal Definitions - privata delicta

Privata delicta is a Latin term originating from Roman law that refers to private wrongs. In modern legal systems, these are commonly understood as torts. Unlike crimes, which are offenses against the state or society as a whole and are prosecuted by the government, privata delicta involve harm caused by one individual or entity to another specific individual or entity. The injured party typically seeks compensation or other remedies through a civil lawsuit, rather than the state prosecuting the wrongdoer.

Here are some examples illustrating the concept of privata delicta:

• Example 1: Car Accident Caused by Negligence

  Imagine a driver who is texting while driving, fails to stop at a red light, and collides with another car. The collision causes significant damage to the other vehicle and physical injuries to its occupant, requiring medical treatment and time off work.

  How this illustrates privata delicta: This scenario is a clear example of a private wrong. The texting driver's negligent actions directly harmed another individual and their property. The injured party would typically file a civil lawsuit against the negligent driver to recover damages such as medical expenses, vehicle repair costs, lost wages, and compensation for pain and suffering. This is a private dispute between two parties, seeking to remedy the harm caused by one to the other, distinct from any traffic citations or criminal charges the state might pursue against the texting driver.

• Example 2: Professional Malpractice

  Consider a surgeon who performs an operation with a significant lack of care, resulting in a preventable complication that causes the patient long-term health issues and additional medical expenses.

  How this illustrates privata delicta: This situation represents a privata delicta because the surgeon's professional negligence directly caused physical and financial harm to a specific patient. The patient has a private claim against the surgeon for malpractice, seeking compensation for their injuries, medical bills, and other related losses. The legal action would be a civil suit focused on the wrong committed by the professional against their private client, rather than a criminal prosecution by the state.

• Example 3: Trespassing and Property Damage

  Suppose a neighbor's landscaping crew accidentally drives heavy machinery onto your property while working, damaging your lawn, sprinkler system, and a decorative garden statue.

  How this illustrates privata delicta: This is an instance of privata delicta because the landscaping crew's actions (and the neighbor's responsibility for their crew) directly caused damage to your private property. You, as the property owner, have a private right to seek compensation from the neighbor or the landscaping company for the cost of repairs to your lawn, sprinkler system, and statue. The harm is specific to your property and your private interests, making it a civil matter between you and the responsible party.