Civil Law 3.2 Types of Torts

Types of Torts There are three categories of torts: Intentional Wrong Negligence Strict Liability

Intentional Torts Intentional wrong (or intentional tort): actions taken deliberately to harm another person or his or her property Intentional torts can also be crimes. In these cases, the defendant can be prosecuted by the state as well as sued by the plaintiff. Example: Andy is mad at Dwight, so he intentionally smashes the windshield of Dwight’s car. Dwight can sue Andy for the cost of damage to his windshield.

Negligence Negligence: an unintentional tort. Negligence occurs when a person’s failure to use reasonable care causes harm.

Strict Liability Strict liability: the defendant is engaged in an activity so dangerous that there is a serious risk of harm even if he or she acts with the utmost care. There is no need to prove that the defendant was negligent or intended to cause harm in order to recover damages.