Types of Torts, Personal Injury Lawyers KY | Cooper and Friedman

Your Personal Injury Lawyers

Millions of dollars collected for seriously
injured people like you

Types of Torts: Negligence vs Strict Liability vs Intentional Tort

Written by Cooper & Friedman PLLC on March 21, 2024
Types of tort, Cooper and Friedman Personal Injury Lawyers in Louisville KY


When it comes to personal injury cases, there are many elements that clients and attorneys must consider for a successful lawsuit. What, when, who, and the defendant’s intent are all factors that play a part in success. These factors will decide which of the three different types of torts your case falls under:

  1. Strict Liability
  2. Negligence
  3. Intentional Torts

But what is the difference between these personal injury categories? And why is it important? Cooper and Friedman, your trusted personal injury attorneys in Louisville, KY are here to explain the difference. Learn more about the different types of torts below.

Types of Torts

Firstly, what is a tort?

According to Cornell Law School, a tort is, “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong (an injury that is not a breach of contractual obligations) for which courts impose liability. In the context of torts, ‘injury’ describes the invasion of any legal right, whereas ‘harm’ describes a loss or detriment in fact that an individual suffers.”

The three different types of torts are as follows:

Negligent Tort

Negligent tort refers to any injury or harm that results from the failure to behave as a reasonable person would in similar circumstances. This can be from reckless or distracted acts, or from the omission of action when the defendant had a duty to act. Usually, negligent tort requires these four things to be proven for a successful lawsuit:

  1. The existence of a legal duty between the defendant and the plaintiff
  2. The defendant’s breach of duty
  3. The harm to the plaintiff as a result of the breach of duty
  4. That the defendant’s actions are either the proximate cause of harm the cause-in-fact of harm to the plaintiff

Some examples of negligence might include:

  • Medical malpractice
  • Nursing home negligence
  • Motor vehicle accidents
  • Premise liability
  • Slip-and-fall

Intentional Tort

A tort can result from both purposeful and accidental acts. This is a defining and differentiating factor when it comes to the categorization of torts. Unintentional acts are normally categorized as the negligence tort explained above. On the other hand, intentional tort covers the opposite. This type of tort can also be a difficult factor to prove because it requires the defendant’s intent, whether it be general or specific intent, to be verifiable.

Examples of intentional tort can include:

  • Battery
  • Assault
  • False imprisonment
  • Trespass
  • Intentional infliction of emotional distress

Strict Liability Tort

Strict liability is also known as absolute liability. This type of tort refers to injury or harm that is a result of an action or omission of the defendant regardless of intent or state of mind at the time of the action. Cases under strict liability are often due to abnormally dangerous activities, product liabilities, and the possession of dangerous animals.

Product liability lawsuits, which are a specialty of Cooper and Friedman, can be taken against manufacturers, distributors, sellers, and lessors. Dangerous products liable for personal injury, death, or property damage may be because of:

  1. Defects in design, testing, inspection, and/or manufacturing
  2. Failure to warn consumers about risks
  3. Failure to include proper and/or correct instructions

Examples of strict liability tort might be:

  • Blasting (explosives for construction or development projects)
  • Crop dusting (chemical exposure)
  • Stunt flying
  • Gasoline or flammable/toxic material transport
  • Domesticated dangerous animal nuisances or attacks
  • Product defects

Take Your Tort to Cooper and Friedman

Cooper and Friedman have experience in many personal injury areas, including slip-and-fall, product liability, false imprisonment or arrest, medical malpractice, nursing home negligence, motor vehicle accidents, and more. If you are unsure of the types of torts and which applies to your situation, contact us for a free consultation call today.

If you or someone you love has been injured in a personal injury in the State of Kentucky and are in need of an experienced injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of personal injury victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.

Posted Under: Personal Injury, Premise Liability, Product Liability, slip and fall

<!--Contact Cooper & Friedman Attorneys At Law today at 502-459-7555 to schedule a free initial consultation-->