Kinds of Torts

The first step in learning about personal injury law is to become familiar with the concept of a tort. This is a concept from civil law that refers to damage one person may inflict on another. The damage may be done to a person’s health, property, feelings, or reputation. The person who inflicts this damage is known as a tortfeasor, while the person filing a lawsuit is known as a claimant.

Torts are divided into different categories based on the tortfeasor’s motivations, as well as his or her relationship with the claimant. Different people owe different duties of care to one another. For example, a doctor has a much higher duty of care to a patient than one person on a bus has to his or her seatmate. Therefore, doctors can be held responsible for more injuries than the average bus passenger.

The three basic categories of tort are:

• Negligence. This is when a person fails to meet a certain duty of care to another, directly causing harm to that person. A driver who neglects to observe reasonable safety regulations can be held responsible for injuries he or she causes. A doctor who neglects to recognize symptoms of a serious illness can as well.
• Intentional. This occurs when the tortfeasor either intentionally hurt the claimant, or knew that his or her actions would likely hurt the claimant but did not care. A mugger is guilty of intentional tort, and may face both civil and criminal charges.
• Strict liability. Some people are strictly liable for harm that occurs to others. For example, a company is liable for injuries caused by flawed products. A claimant does not need to show that the company was intentionally negligent, only that they produced a dangerous object.

Contact Us

If you have been injured by a negligent party, contact Jacksonville personal injury lawyer Don Guthrie, PA, to learn if you have strong grounds for a case. Our office number is 904-296-1088.