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Personal Injury

What is Tort?

A civil wrong that causes harm to another person, for which the law provides a remedy. Torts can be intentional, negligent, or based on strict liability.

Understanding Tort

Tort law is distinct from criminal law (which involves prosecution by the state) and contract law (which involves breach of agreements). Common torts include negligence, assault, battery, defamation, and intentional infliction of emotional distress.

Examples

  • 1Negligent driving causing a car accident
  • 2Assault and battery
  • 3Product liability for defective products

Why This Matters in Legal Cases

Tort law is the foundation of the entire personal injury system. Understanding whether a case involves a negligent tort, intentional tort, or strict liability tort determines the legal standards that apply, the available damages, and the litigation strategy. The type of tort also affects whether punitive damages may be available and how comparative fault is assessed.

Explaining to Clients

Most clients do not need to understand the word "tort" itself, but they should understand the concept: someone did something wrong (or failed to do something right) that caused harm, and the law provides a way to seek compensation. Frame tort law as the legal system's way of holding people and companies accountable for causing harm.

Frequently Asked Questions

What is the difference between a tort and a crime?

A tort is a civil wrong where the victim sues for compensation. A crime is a wrong against society, prosecuted by the government, with penalties like fines or imprisonment. The same act can be both—for example, assault can lead to criminal charges by prosecutors and a civil tort lawsuit by the victim for damages.

What are the main types of torts?

There are three main categories: intentional torts (deliberate harmful acts like assault or fraud), negligence torts (harm caused by carelessness, like car accidents), and strict liability torts (liability without fault, common in product defect and abnormally dangerous activity cases).

How is tort law different from contract law?

Tort law addresses wrongs where there is no prior agreement between the parties—the duty arises from general legal obligations. Contract law deals with disputes over broken agreements between parties who voluntarily entered into a deal. Some cases can involve both, such as professional malpractice where there is both a contractual and a tort-based duty.

Sources

Related Terms

Negligence

The failure to exercise the level of care that a reasonably prudent person would exercise in similar circumstances, resulting in harm to another person or their property.

Strict Liability

Legal responsibility for damages regardless of fault or intent, commonly applied in defective product cases and certain dangerous activities.

Personal Injury

A legal term for an injury to the body, mind, or emotions, as opposed to damage to property. Personal injury claims are typically brought in civil court to recover compensation for harm caused by another party's negligence or intentional misconduct.

Damages

Monetary compensation awarded to a person injured through the wrongful conduct of another party. Damages are intended to restore the injured party to the position they were in before the injury occurred.

Liability

Legal responsibility for one's actions or omissions. When a person or entity is found liable, they are legally obligated to compensate the injured party for their losses.

Last updated: January 24, 2026
Reviewed by: Quilia Legal Content Team

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