What is a tort?

I’m Herb Friedman of Friedman Law Offices in Lincoln, Nebraska. Thanks for visiting our blog. Many of our clients want to know what the term “tort” means. There has been much written and publicized lately on the issue of tort reform, but many people do not know what the word tort means. Tort is an Old English term coming from English Common Law that basically describes a civil wrong, which is an act committed by one person against another.

Let’s say that a defendant purposely hits a plaintiff and injures them in some way. That would be a violation of criminal law and a criminal wrong, but that same person can also be sued for violation for a civil wrong for intentionally assaulted and intended to hurt the plaintiff. There are generally three kinds of torts: an intentional tort, such as the one described which includes assault and defamation of character; negligence, which includes most automobile accidents and professional liability cases; and strict liability, which is basically when a person is considered liable for his conduct with or without intent or negligence. Cases such as those involving product liability fall into the last category.

The tort system has worked extremely well in this country since the founding of the republic. At the end of the day, it is simply society stating that an individual must be responsible for his or her conduct. Tort reformers want to destroy this and say that individuals are not responsible for their own conduct.

If you have any questions, please call Friedman Law Offices at 800-876-1093. There is never a charge to find out if we can help you (find out if you have a case). Feel free to leave a comment here on our blog, and use the share button if you know someone who might benefit from this information. Thanks for logging in.