What Is Tort Law?

Most civil cases are within the purview of tort law. Tort law generally applies to any civil court suit, aside from disagreements over contracts.

The goal of tort law is to protect individuals from the wrongdoings of others and to give them recompense for wrongs done to them, typically in the form of monetary damages.

The primary purpose of tort law was to compensate full damages for established injuries.

Contract law governs lawsuits regarding contracts.

Under tort law, the liable party for the injuries suffered by the victims must provide restitution. Loss of earnings in the past or future, payment for medical bills, and compensation for pain and suffering are examples of typical damages. Additionally, there could be more penalties designed to penalize the plaintiff beyond receiving full recompense, known as punitive damages.

Understanding Tort Law

Tort law

Three types comprise tort law

Strict responsibility torts

Deliberate torts,

Negligent torts.

When someone fails to exert a specific amount of care, commonly referred to as a reasonable standard of care, it is considered a negligent tort. One common example of a negligent tort is an accident.

Damages such as assault, fraud, and theft that are the result of deliberate misbehavior on the part of another person are known as intentional torts.

In contrast to deliberate and careless torts, strict liability torts do not consider the fault of the party causing the injury. These instances, however, center on the act itself.

Regardless of the circumstances, if an individual or organization produces a faulty product, for example, it is accountable for the harm caused by their aims or the degree of caution they used.

Examples of Tort Law

A Case of Liability

In Mountain View, California, in February 2016, a Google autonomous vehicle collided with a bus. The vehicle spotted a cluster of sandbags around a storm drain and veered into another lane, colliding with the side of a public transportation bus in the process. This was the first known instance of an autonomous vehicle starting an accident rather than merely being a witness to one.

Tort law

Drivers may pursue damages against a car manufacturer for a defective component, such as a tire or airbag, under liability tort law. But now that self-driving cars are covered by this liability tort, Google and other companies in the emerging self-driving car industry may be accountable for any resulting losses.

A Negligence Case

Amy Williams sued Quest Diagnostics and its subsidiary Athena Diagnostics for negligence when her two-year-old son Christian Millare passed away without cause.

An error in Millare’s gene classification occurred in 2007 at Athena Diagnostics. The lawsuit said that the child’s physicians mistreated his symptoms as a result of the misclassification. In 2008, the mutation caused his seizure and death directly.

2018 saw the South Carolina Supreme Court determine that a genetic testing facility might be considered a healthcare provider under state law, eleven years after the child’s death.

An Intentional Tort Case

The March 18, 2016, verdict against professional wrestler Hulk Hogan and the website Gawker serves as an illustration of an intentional tort.

Since it was determined that Gawker purposefully violated Hogan’s privacy to gather video proof of a private conduct, Hogan was awarded $140 million in damages.

Tort law

Tort Reform

The opposition to several tort law suits, particularly in the US, is central to the debate over tort reform. Many cases nowadays, according to proponents of tort reform, are pointless.

The Court Statistics Project estimates that 11.7 million civil cases were filed in state trial courts across the United States in 2020. Proponents of tort reform contend that an excessive number of these claims are baseless or intentionally brought to intimidate or sway decisions.

These pointless lawsuits cost money and take up time, depleting public funds that might be better used elsewhere.

Proponents of tort reform in the United States have concentrated particularly on cases involving allegations of medical misconduct and overcharging, including the needless use of expensive medical

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