Have you ever heard of a “tort”? No, we’re not talking about an egg-laden sweet treat but rather a group of legal theories that allows an injured person to recover money damages against another in court. When you visit an experienced personal injury lawyer, you’re talking with someone who is an expert in tort law.
There are three major categories of torts: negligence, strict liability, and intentional torts.
Most personal injury blogs are written around the concept of negligence. Negligence is at play in just about every car crash lawsuit. To win a negligence suit, the plaintiff (the person who files the lawsuit) must generally show that the defendant (the person being sued) did not use reasonable care to avoid injury to the plaintiff. Examples might include running a red light, texting while driving, or speeding.
The second major type of personal injury lawsuit is called strict liability. Merriam-Webster tells us that one meaning of “strict” is “inflexibly maintained or adhered to.” That’s exactly what strict liability means in the law; when this legal theory applies, the person or entity responsible is liable. Period. One of the most common applications of strict liability in California is strict products liability. This holds a defendant responsible for injuries caused by a defective product regardless of whether or not he or she should have foreseen the danger.
The third group of torts is known as “intentional torts.” These are very specific types of conduct for which a person may be held liable in money damages to another person. Here are some examples of common intentional torts:
- assault;
- battery;
- false imprisonment;
- fraud;
- intentional infliction of emotional distress; and
- trespass
The key to intentional torts is that the wrongdoer intended to commit his or her conduct. A good example of how an intentional tort might be involved in a bad crash is when road rage leads a driver to intentionally ram a vehicle.
As you might imagine, any or all of these three legal types of legal theories might be involved in a car crash case. If you’ve been hurt badly in a crash, it’s important that you speak with an experienced California personal injury and products liability lawyer who can help you maximize your recovery.
If you or a family member was involved in an accident resulting in serious injury or death due to the fault of someone else, contact us at the Alexander Law Group, LLP or call 888.777.1776. We believe that wrongdoers should be held accountable when they irresponsibly hurt others. All calls are free and confidential.
