Legal Definitions - Tortfeasor

A tortfeasor is an individual or entity who commits a civil wrong that causes harm or injury to another person or their property. This civil wrong, known as a tort, is distinct from a criminal act (a wrong against society) or a breach of contract (a wrong arising from an agreement). When a tortfeasor's actions lead to harm, they can be held legally responsible and may be required to compensate the injured party for their losses.

Here are some examples illustrating the concept of a tortfeasor:

• Negligent Driving: Imagine a driver who is distracted by their phone and fails to notice a pedestrian crossing the street, resulting in a collision. The pedestrian suffers a broken leg and incurs significant medical bills.

  Explanation: In this situation, the distracted driver is the tortfeasor. Their negligent act (driving while distracted) directly caused physical injury and financial loss to the pedestrian, making them legally responsible for the harm.

• Intentional Misrepresentation: Consider a real estate agent who knowingly provides false information about a property's structural integrity to a potential buyer, assuring them that the foundation is sound when they know it has severe cracks. The buyer purchases the property and later discovers the extensive damage, incurring costly repairs.

  Explanation: The real estate agent is the tortfeasor. Their intentional act of misrepresentation (a form of fraud) caused financial harm to the buyer, making them liable for the damages resulting from the deceit.

• Premises Liability: A grocery store owner fails to clean up a spilled liquid on an aisle for an extended period, despite employees being aware of the hazard. A customer slips on the spill, falls, and suffers a concussion.

  Explanation: The grocery store owner (or the store itself as an entity) is the tortfeasor. Their failure to maintain a safe environment (a form of negligence in premises liability) caused injury to the customer, making them legally responsible for the customer's medical expenses and other losses.