St Louis personal injury Specialists
Explore the various types of torts and their legal implications with Buchanan, Williams & O’Brien in Springfield. Get advice and protect your rights today.
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Classification of Torts
As we have already seen, there are three basic categories of torts: intentional torts, negligent torts, and strict liability torts.
People commit an intentional tort when they do something wrong with knowledge, intent, and willfulness. A defendant who engages in an intentional tort typically does so to hurt, injure, or otherwise cause damages to the victim.
An intentional tort may be planned out in advance or decided upon during the offense. Intentional torts include:
Invasion of privacy
Motor vehicle accidents
Strict liability torts
Abnormally dangerous activities
In addition to facing criminal charges under criminal law for these offenses, the offender may be held civilly accountable for their deliberate wrongdoing or misconduct as a civil wrong.
People who commit negligent torts hurt others by failing to exercise appropriate care, typically referred to as a reasonable standard of care. The act is compared to that expected from a reasonable person.
Only when the person had an obligation to act is the failure to act deemed negligent. When the defendant’s activities were disproportionately risky, negligent torts occurred. Accident-based injury cases, such as car accidents and slip-and-fall occurrences, frequently involve negligence-based torts.
Tort liability requires the following four components:
A duty: This outlines the legal requirement to act reasonably. For example, this includes following traffic regulations, exercising additional caution when driving, and keeping a vehicle in excellent working order.
A breach of that duty: Causing harm by irrational or reckless behavior is a breach of duty.
Causation: The defendant’s act must have directly caused the plaintiff’s injuries.
Damages: Medical costs, lost wages, pain and suffering, and property damage are examples of damages in negligence-based tort claims.
Comprehending these components is essential to demonstrate carelessness or negligence in a personal injury lawsuit.
Strict Liability Torts
Strict liability requires the plaintiff to establish not only that the tort occurred but also the defendant’s culpability, making it distinct from cases based on negligence.
Strict liability is often applied in situations where there is a significant risk of harm, and society deems it appropriate to make the responsible party automatically liable for any harm that occurs. Common examples of strict liability include cases involving defective products, certain hazardous activities such as intoxicated driving, and the ownership of dangerous animals.
Strict liability is a legal standard that places the burden of compensation on the party responsible for causing harm, irrespective of their intent or level of care exercised, to ensure that victims receive compensation for their injuries or losses.
Confused about personal injury in St Louis? We are here to answer your questions.
How Our Personal Injury Attorney Can Assist You
Our personal injury attorneys help clients in tort cases involving injuries by determining the case’s viability, offering legal counsel, looking into the incident, determining liability, negotiating with insurance providers, and, if required, representing clients in court.
Additionally, our tort lawyers can assist with document management, hire qualified expert witnesses, calculate damages, and stand up for the rights and interests of our clients. We aim to ensure that our clients receive just compensation while assisting them with the legal process.
The tort attorneys at Buchanan, Williams & O’Brien in Springfield have many years of experience in evaluating and assisting clients who are either considering suing on a potential tort claim as an injured party or defending a tort claim.
If this is you, consider calling us today for a case evaluation. All consultations are in strict confidence and will allow you to assess whether we fit you. Do not leave your decision until tomorrow. The statute of limitations clock is ticking.