What is a Tort in Law
A tort is a civil wrong that causes harm to another person, giving the injured party the right to sue for damages, and includes negligence, assault, fraud, and many other wrongful acts.
A tort is a civil wrong (as opposed to a criminal act) that causes harm or loss to another person, giving the injured party the right to seek compensation through a civil lawsuit. The word "tort" comes from the Latin tortum, meaning "wrong" or "twisted." Tort law is one of the largest and most active areas of civil litigation in the United States.
Tort vs. Crime
The same act can be both a crime and a tort:
- Criminal case — The government prosecutes; punishment includes jail/prison
- Civil tort case — The victim sues; remedy is financial compensation (damages)
Example: O.J. Simpson was acquitted criminally but found liable in a civil wrongful death tort case.
The Three Main Categories of Torts
1. Intentional Torts
The defendant deliberately engaged in wrongful conduct:
- Assault — Intentionally causing reasonable fear of imminent harmful contact
- Battery — Intentional harmful or offensive physical contact
- False imprisonment — Intentionally restricting another's freedom of movement
- Fraud/Deceit — Intentional misrepresentation causing financial harm
- Defamation — False statements that harm reputation (libel = written; slander = spoken)
- Intentional infliction of emotional distress
- Trespass to property
- Conversion — Unlawfully taking or destroying someone's property
2. Negligent Torts
The defendant failed to exercise reasonable care. Negligence is the most common basis for civil lawsuits in the United States:
- Car accidents caused by careless driving
- Medical malpractice
- Slip-and-fall accidents
- Product liability (negligent design or manufacturing)
3. Strict Liability Torts
The defendant is liable regardless of intent or care, simply because the activity is inherently dangerous:
- Abnormally dangerous activities — Blasting, storing explosives
- Defective products — Product liability regardless of care in manufacturing
- Keeping dangerous animals — Owner liable for injuries from wild animals
Tort Damages
Plaintiffs in tort cases can recover:
- Compensatory damages — Actual losses (medical bills, lost wages, property damage, pain and suffering)
- Punitive damages — Extra damages to punish egregiously bad behavior
- Nominal damages — Small symbolic amount when rights were violated but no real harm occurred
Mass Torts and Class Actions
When a single tortious act (e.g., defective drug, toxic contamination) harms thousands of people, cases may be consolidated into mass tort litigation or handled as class action lawsuits.