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You and the Tort Law: A Guide
by:
Carla Ballatan
Everyday,
we’re always at the risk of falling victim to misfortune whether it is
from using defective products or unknowingly falling off into a manhole,
or sustaining vast injuries due to serious highway accidents. You may
think that accidents that happen everywhere to other people are of
nobody’s fault than theirs alone…But, once something happens to you, say
you were bit by a dog whose owner was careless enough to let it wander
off, you may cry out, indeed – “not my fault!”.
Injuries
may range from trivial to critical, depending on how it was obtained
physically, mentally or emotionally. If an individual or group has a
liability for your accident, you can file for claims under the tort law.
This area of the law is invaluable you need to have knowledge of it.
Torts are
private and civil wrongs or injuries that may be remedied through a court
of law by a lawsuit for damages/compensation. Once an individual or a
group of individuals violate their duty to others created under general or
statutory laws, a tort has been committed. Liability in the tort law is
based upon “…the relation of persons with others; and these relations may
arise generally, with large groups or classes of persons, or singly, with
an individual…The common thread woven into all torts is the idea of
unreasonable interference with the interest of others.” Prosser & Keeton,
supra,p.5. Thus, the chief aim of action in tort is that an individual be
compensated for the loss he has suffered within the scope of his legally
recognized private interests, as the best method of relief.
Tort law is
a branch of the civil law. This is one of the three main branches of civil
law where the other branches are contract and property law. In tort cases,
the plaintiff is the victim of an alleged wrong and the unsuccessful
defendant is directed by the court to pay damages to the plaintiff. The
so-called injunctive relief for the defendant is when he is directed to
discontinue from a wrongful activity.
Torts have
three general categories. Intentional torts are wrongs which the defendant
knew or should have known would happen through their actions or inactions
(e.g. intentionally hurting a person). Negligent torts happen when the
defendant’s actions were unreasonably unsafe (e.g. causing accident by
failing to obey traffic rules). Strict liability torts are wrongs that do
not depend on the degree of carefulness by the defendant but established
when a particular action causes damage (e.g. liability for selling expired
products).
Misfortune
may happen unexpectedly to you or anyone in your family and when it does,
a you, as a victim may incur costs. You can shift these costs to others
who you believed has strict liability in causing it. The principles of the
tort law help you in getting compensation for damages suffered not by your
own fault. Contact an attorney practising this particular area of the law
for clarifications and tips in filing for claims.
by-http://www.attorneyservicesetc.com |
