Legal Definitions - Tort

A tort is a civil wrong that causes another person to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Unlike a criminal offense, which is a wrong against society and typically leads to punishment, a tort is a private wrong where the primary goal is to compensate the injured party for their losses.

In the context of torts, "injury" refers to the violation of a legal right, while "harm" describes the actual loss or detriment suffered by an individual. Tort law aims to provide relief to those who have been wronged, hold responsible parties accountable, and discourage others from engaging in similar harmful conduct.

Torts generally fall into three main categories:

• Intentional Torts: These occur when someone purposefully acts in a way that causes harm to another. The person intended the action that led to the injury, even if they didn't specifically intend the resulting harm.
• Negligent Torts: These arise when someone fails to act with reasonable care, and this carelessness causes harm to another. The person did not intend to cause harm, but their actions (or inaction) fell below the expected standard of care that a reasonable person would exercise.
• Strict Liability Torts: In these cases, a person or entity can be held responsible for harm even if they did not act intentionally or negligently. Liability is imposed because the activity itself is inherently dangerous, or because the law places a high burden of responsibility on certain parties (e.g., manufacturers of products).

The typical remedy for a tort is monetary compensation, known as "damages," which aims to put the injured party back in the position they would have been in had the tort not occurred. In some situations, a court might issue an injunction, ordering a party to stop a particular action.

Here are a few examples to illustrate how torts apply in different situations:

• Example 1: Negligent Tort (Property Damage)

  Imagine a homeowner hires a landscaping company to trim a large tree near their property line. The landscapers, in a hurry, fail to properly secure a heavy branch before cutting it. The branch falls onto the neighbor's parked car, smashing the windshield and denting the roof. Even though the landscapers did not intend to damage the car, their failure to follow proper safety procedures constitutes negligence. The neighbor could file a tort claim for negligence to seek compensation for the cost of repairing their vehicle.

• Example 2: Intentional Tort (False Imprisonment)

  Consider a scenario where a store security guard mistakenly believes a customer has shoplifted an item. Without reasonable cause, the guard physically blocks the customer from leaving the store and detains them in a back room for an hour until the manager reviews security footage and confirms the customer's innocence. The customer could pursue a tort claim for false imprisonment because the security guard intentionally confined them against their will without legal justification, causing them distress and loss of freedom.

• Example 3: Strict Liability Tort (Animal Attack)

  A person owns a rare, exotic snake that, despite being kept in a secure enclosure, manages to escape and bites a delivery person who is walking past the owner's property. Even if the owner took every reasonable precaution to secure the snake and had no intention of it harming anyone, many jurisdictions have "strict liability" laws for owners of dangerous animals. This means the owner could be held liable for the delivery person's medical expenses and other damages, regardless of whether they were negligent, simply because they kept an animal known to be dangerous.