Legal Definitions - tortious act

A tortious act refers to an action or a failure to act that causes harm or injury to another person, leading to civil legal liability for the individual or entity who committed the act. Unlike a criminal act, which is a wrong against society, or a breach of contract, which violates an agreement, a tortious act is a civil wrong that allows the injured party to seek compensation, typically money, from the person responsible for the harm.

Here are some examples to illustrate a tortious act:

• Example 1: Negligent Driving

  Imagine a delivery driver is rushing to make a deadline and, while distracted by their phone, runs a red light and collides with another vehicle. The collision causes significant damage to the other car and physical injuries to its driver.

  How it illustrates a tortious act: The delivery driver's act of driving while distracted and running a red light constitutes negligence. This careless behavior directly caused harm (property damage and personal injury) to the other driver. This negligent act is a tortious act, making the delivery driver (and potentially their employer) civilly liable for the damages and medical expenses incurred by the injured party.

• Example 2: Defamation

  Consider a situation where a local blogger publishes an article falsely accusing a small business owner of engaging in illegal financial practices. These false statements, made with malicious intent, cause the business owner to lose customers and suffer a significant drop in revenue.

  How it illustrates a tortious act: The blogger's intentional act of publishing false and damaging statements about the business owner's reputation is a tortious act known as defamation. This act directly caused financial harm and reputational damage to the business owner, who could pursue a civil lawsuit against the blogger to recover their losses.

• Example 3: Trespass to Land

  A homeowner hires a landscaping company to trim trees on their property. Without permission, one of the landscapers mistakenly enters a neighbor's yard and cuts down a valuable ornamental tree, believing it was part of the original job.

  How it illustrates a tortious act: The landscaper's act of entering the neighbor's property without permission and damaging their tree, even if accidental, constitutes a tortious act known as trespass to land and conversion (for the tree). This unauthorized intrusion and destruction of property caused harm to the neighbor, making the landscaping company potentially liable for the cost of replacing the tree and any other damages.