Tort

A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act, called a tortfeasor. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict.
Posts about Tort
  • POWER OF WORKERS COMPENSATION IMMUNITY ON CONSTRUCTION PROJECT

    … the exclusive form of liability for an injured worker thereby immunizing an employer (absent an intentional tort, which is very hard to prove as a means to circumvent workers compensation immunity). If a general contractor, with workers compensation insurance, hires a subcontractor without workers compensation insurance, the general contractor’s…

    Florida Construction Legal Updates- 14 readers -
  • Remington Rifle Class Action: Example of Successful U.S. Tort System

    … repentance, repair and restitution. Nor was Remington brought to the table by the government – a regulatory agency. Remington has agreed to retrofit and repair millions of its firearms because the tort system forced it to do so. The ability of citizens to access the civil justice system, and to have the right to a jury trial under the Seventh…

    Greg Webb/ MichieHamlett- 13 readers -
  • QUALIFYING AGENTS AND COMMON LAW NEGLIGENCE

    … Can a qualifying agent be sued for negligence? Yes, there is authority for arguments to pursue a qualifying agent under a common law theory of negligence. A qualifying agent is not individually liable for breaching its statutory duties set forth in Florida Statutes Chapter 489— Chapter 489 governing qualifying agents for contractors does…

    Florida Construction Legal Updates- 11 readers -
  • Tort Reform FAILS to Reduce Health Care Costs in Texas

    …Think medical costs are high due to malpractice lawsuits? Time to look at the facts. Many people believe that the high cost of health care in Texas (and the United States) is due in part to medical malpractice lawsuits. I mean, why wouldn’t people think this? This is the exact argument that was used by tort reform advocates to pass sweeping…

    Jeff Rasansky/ Rasansky Law Firm- 45 readers -
  • RENTAL EQUIPMENT SUPPLIER NOT PROTECTED BY WORKERS COMPENSATION (HORIZONTAL) IMMUNITY

    … not have immunity under the law. If, on the other hand, the supplier was a “subcontractor,” then more than likely workers compensation horizontal immunity would have applied to bar the injured employee’s tort claim. Please contact David Adelstein at dma@kirwinnorris.com or (954) 759-0026 or (407) 740-6600 if you have questions or would like more information regarding workers compensation. You can follow David Adelstein on Twitter @DavidAdelstein1 and Facebook at Florida Construction Legal Updates. …

    Florida Construction Legal Updates- 12 readers -
  • Personal Injury 101

    … A Tort, is a where one deviates from the standard of care, from societies norms. It is an action that causes harm to a person or property. It is not a crime. Torts are civil actions. There are numerous Torts. Personal Injury cases derive from the absence of acting reasonably, a failure of care, resulting in harm to a person and/or property…

    Prince Law Offices, P.C.- 6 readers -
  • What Kinds of Accidents Have The Potential To Cause Spinal Cord Injuries?

    … personal injury lawyer today to schedule a free consultation Anyone who has sustained an SCI should discuss their case with an attorney as soon as possible. To schedule a free consultation with Indianapolis spine injury lawyer Merry Fountain, call our office today at 1 (888) 242-HURT. [1] https://www.nscisc.uab.edu/PublicDocuments/fact_figures_docs/Facts…

    fountaininjurylaw- 30 readers -
  • Mechanics’ Liens: Part 4. Enforcing a Lien

    … discussion of credit risk? The lien reallocates the GC’s credit risk to the owner because the owner’s property serves as collateral to secure your claim. Without the lien, the GC’s credit risk falls back on you.) By the way, recording a lien that is invalid can make you liable to the owner for a tort known as slander of title. The owner can post…

    Michael Smith/ Indiana Business Law Blog- 40 readers -
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