Legal Definitions - Tortious

The term tortious describes behavior or actions that constitute a civil wrong, known as a tort. Essentially, any conduct that causes harm to another person or their property, and for which the law allows the injured party to seek compensation, can be described as tortious. It's distinct from breaking a contract (which is a breach of agreement) and from committing a crime (which is an offense against the state).

Here are some examples to illustrate what constitutes tortious behavior:

• Example 1: Negligent Driving

  Imagine a delivery driver, distracted by their phone, runs a red light and collides with another vehicle, causing injuries to the other driver and significant damage to their car. The act of driving negligently and causing an accident is considered tortious behavior. The injured driver could sue the distracted driver for medical expenses, lost wages, and vehicle repair costs because the distracted driver breached their duty to operate their vehicle safely, causing harm.

• Example 2: Unlawful Entry and Damage

  Suppose a person intentionally enters their neighbor's backyard without permission and, while there, deliberately damages a valuable garden sculpture. This unauthorized entry and destruction of property are examples of tortious behavior. The neighbor whose property was invaded and damaged could pursue a civil lawsuit for trespass and property damage, seeking financial compensation for the repair or replacement of the sculpture and for the invasion of their private space.

• Example 3: Spreading False Information

  Consider a situation where an individual falsely publishes online that a local restaurant uses unsanitary practices, leading to a significant drop in the restaurant's customer base and revenue. Spreading these untrue and damaging statements that harm the restaurant's reputation is a form of tortious behavior, specifically defamation (libel, in this written context). The restaurant owner could sue the individual for the financial losses and reputational damage caused by the false claims.