Unit 9 Types of Torts

There are three major categories of conduct for which tort liability exists: intentional wrongs, negligence, and activities for which strict liability is imposed. An intentional tort occurs when you take some action with the intent of injuring a person, his or her property, or both. For example, Jim is angry at Tom, so he intentionally smashes the windshield of Tom’s car. Tom may sue Jim to recover the cost of damage to his windshield. Another example: Lucy writes a letter to her friends telling them that Andrew is a lazy drunk and a drug addict, when she knows this is not true. Andrew may be able to recover damages from Lucy for harm to his reputation caused by her deliberate lie.

In many instances intentional torts are also crimes. In these cases, the defendant can be prosecuted by the state as well as sued by the plaintiff. However, punishing a criminal does not usually make up for the harm to the victim. A civil tort action is used to recover monetary damages.

The most common tort is negligence. Negligence liability results when a person’s failure to use reasonable care causes harm. Assume that two youngsters are playing catch on a narrow street with cars parked on either side, and a bad throw breaks a windshield. The owner of the car may recover damages from the child who made the careless throw (or in some states the child’s parents), even though there was no intent to break the windshield.

Strict liability differs from both negligence and intentional wrongs. It applies when the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with utmost care. In a strict liability case, the plaintiff can automatically recover from the defendant. There is no need to prove that the defendant was either negligent or intended to cause harm in order to recover damages. For example, a person walking along the sidewalk who is hit by a brick falling from a building being demolished does not have to prove that the contractor was careless in order to recover damages. Demolishing buildings is so dangerous that contractors are automatically responsible if a passerby is injured. It is argued that persons involved in dangerous activities will take more precautions if they know they are automatically responsible for injuries.

Strict liability can also be used when a person is harmed by dangerous animals (in some cases by pets, too). In recent years there has been a very important expansion in the doctrine of strict liability. Consumers now use it when they sue manufacturers or sellers for an injury caused by an unreasonably dangerous product that is defective. For example, is you are cutting the lawn and the blade suddenly comes off the mower and injures your foot, strict liability will be imposed on the manufacturer of the mower.

Remember that not all injuries to you or your property will lead to a recovery under tort law. In some instances, harmful behavior may not be a tort, or the person causing the harm may have a legal defense to a tort action. In still other cases, the defendant may be liable but may simply be too poor to pay for the harm to the plaintiff.