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What is Tort Law?

Written by Cooper & Friedman PLLC on November 22, 2016

An Overview of Tort Law by Tort Law Attorneys in Louisville KY

what is tort law from tort lawyersTort law deals with the wrongful actions of an individual or entity, which causes injury or damages to another individual or an individual’s property. Tort law is based on the idea that people and companies are liable for the consequences of their actions. And tort laws serve to protect individuals who have suffered harm due to the acts of others. Whether intentional or accidental, through tort law, if a person harms another person or entity, they can be charged.

When it comes to tort law, so-called “torts” are civil wrongs that form the basis of civil lawsuits. When someone files a tort lawsuit, they may be entitled to damages. Most often, damages are monetary awards ordered by the court to be paid to an injured party, by the party at fault. Examples of the types of damages that may be awarded by the court include:

  • Reimbursement for property loss or property damage
  • Payment for medical expenses
  • Compensation for pain and suffering
  • Compensation for loss of earning capacity
  • Punitive damages

Understanding Tort Liability

The legal term “tort” refers to the actions in which one person or entity causes injury, harm, or damage to another person or entity. A tort liability may occur as the result of intentional acts, a negligent act, a failure to act when the individual had an obligation to act, or a violation of statutes or laws. The person who commits this act is called the “tortfeasor,” and is the defendant in this type of case.

Tort cases often included any of the follow six conditions: negligence, intentional infliction of emotional distress, assault, battery, trespassing, or products liability.

Examples of 3 Tort Law Cases

There are many different examples of tort law cases in the U.S. Here are a few tort law cases:

7th Circuit reinstates lawyer’s defamation suit over Jezebel blog comment: Meanith Huon, a Chicago lawyer, alleged that he was defamed by a comments made by Jezebel blog employees. Huon originally sued over the initial headline “Acquitted Rapist Sues Blog for Calling Him Serial Rapist.” The headline was later changed to “Man Acquitted of Sexual Assault Sues Blog for Calling Him A Serial Rapist.” This case was closed in 2014 and it has just recently been re-opened.

Jurors award $1 million verdict in Walmart slip and fall case: In 2005, Valerie Tantzler was in a Walmart store in Florida where she slipped on a wet spot on the floor and fell. Two weeks before the fall, she had surgery on her shoulder, and her injuries from the fall caused irreversible nerve damage. The case went to trial and the jury returned with a $1 million verdict in favor of Ms. Dantzler, finding Walmart 80 percent responsible for the accident.

Rolling Stone found guilty of defamation of UVA associate dean in later-retracted article about gang rape: Federal jurors in Charlottesville, Virginia found Rolling Stone magazine was liable for defamation in a story regarding an alleged gang rape that took place at the University of Virginia. The magazine alleged that administrator Nicole Eramo was unresponsive to the rape complaint, which ended up being proven false. The magazine also argued that they were the victim of a hoax and had not acted in intentional malice. That was not enough for jurors and they ruled in favor of Eramo. Another suit has been filed against the magazine by the fraternity of where the rape allegedly took place.

If you or someone you love needs legal help from an experienced tort lawyer in Kentucky or Southern, Indiana, Cooper and Friedman can help. The tort attorneys at Cooper and Friedman have over 45 combined years of experience and an A+ BBB Rating. For more information, including a free case consultation with a tort attorney, call 502-459-7555 now.

Posted Under: Tort Law

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