Imagine you walking down the lane to your apartment with your family and some random guys ambush and mug you and mar your kid; sounds like something that could completely go berserk right? Not everyone encounters something like this, but some out on the streets do. Seclusion is what anyone would wish for, but the situation out there is not exactly so pleasant. Every day, several cases are reported under the section of torts, many go unreported too. A tort is a not so familiar word to all; what does it mean and how is it significant in these days of ever-thriving crimes? These are hard times, there is no denial and it takes immense courage to face it and fight it with all one’s might. In a nutshell, torts are crimes with a largely marginalized view. It could be both intentional and non-intentional, some of which cannot be trivialized as a misdemeanor but are serious felonies. Crimes are anything that injures or harms people and deprives them of their liberty, torts could weigh as equally as crimes do, but not always. There are different types of torts and different ways of legally moving towards justice too. The nascent nature of crimes in the society could lead to situations where you too would have to face the law, be it the one who creates the hassle or even at the receiving end, one has to have an idea on when one’s deeds could go the wrong way or when to react to wrongdoing and when not to so that the latter one doesn’t turn out to be the serious offense. Nehora Law Firm can help you with the legal proceedings to adopt in such cases.
Torts – What are they?
Torts are any actions that could harm, hassle or cause an inconvenience that is a violation or legal offense. The factor that distinguishes this from the normal crimes is the non-intentional nature of some of these acts. Although torts cover a large section of crimes and personal injuries it is essentially classified into three different categories; negligence, intentional acts, and absolute liability. Torts include all kinds of injuries, physical, mental, emotional and reputational injuries which include breach of contracts and privacy. Tortfeasors are the ones who commit torts, and when the plaintiffs sue against these tortfeasors, for the crime to be addressed properly and judged on the right grounds is the duty of every lawyer or judiciary power representing the law. The cases of torts are not always acknowledged in a similar format in all countries and states due to the varying laws in different states. In the case of The United States, different states could approach the case in ways that do not pertain to the general federal laws. So always try and acquire details of the proceedings of the previous similar cases from reliable sources before making crucial steps.
Negligence is a case of tort when someone violates a basic code of conduct, contract or duty out of mere carelessness or limited knowledge in the aftereffects of the breach. The establishment of proof needs to be ensured by every plaintiff to sustain the allegations of the breach or violations conducted by the defendant.
Some examples of negligence are:
- All types of accidents: In the case of a car, truck and motorcycle accidents, the failure to meet the standards of a well-performing vehicle with not all the functions of the vehicle not being on point, the lack of concentration can all be categorized under negligence of a particular person. Pedestrian accidents could also happen, both by the ignorance of the pedestrians and the lack of heed in the ones behind the wheel. Strict observance of the traffic rules could alleviate the cases of such negligence.
- Medical malpractice: The cases in which the doctors, delegates or any medical professional violates their code of conduct. Few examples such as when a doctor refuses to treat a particular patient due to personal or professional reasons, ignorance of the consent, working under the influence of alcohol, drugs or any such detrimental things.
These are the torts where one intentionally violates another person’s individual space and inflicts any sort of physical, mental or emotional pain. Some of the examples of intentional torts are:
- Battery: Battery is any kind of unwanted and unwarranted touching or form of physical contact which is a serious misdemeanor. It includes a simple battery which is any form of non-consensual harm and injury caused by the tortfeasor, sexual battery is a non-consensual touching of the intimate parts of the victim, also includes family-violence battery and aggravated battery.
- Assault: Assault could be any form of action that inflicts pain or brings about an injury on the other person or apprehension of perils that could gradually develop for the worse.
Other intentional torts include false imprisonment, trespass, defamation, and deceit.
Also known as strict liability, these are cases in which the plaintiff can sue the tortfeasor without established proof of negligence. The defective products that people consume on which people take legal actions is one example of strict liability. Other examples include some dangerous activities, attacks by animals, etc.
Torts, as said above are wrongdoings which one may not even consider as an offense, but are ones that could progressively bring about serious risks. When one undergoes such predicaments, ensure the future safety and protection of that person which remains a responsibility of all the people surrounding that affected one, to confer the right people for opinions that could lead to the right judgment.