Torts are the foundation of personal injury law in the United States. At the most basic level, a tort is someone’s action or failure to act that injures or harms someone else. In a tort case, the court’s job is to determine if the person claiming to have sustained the injury or harm should receive compensation from whoever committed the tort.
Examples of Common Tort Cases
Tort law covers many harmful incidents that could lead to a civil court case. Some of the most common torts we handle at our firm involve:
- Car accidents – Motor vehicle accidents are among the most common kinds of torts. In fact, they are one of the leading causes of injury in the United States, accounting for about 8 percent of preventable injuries and 21 percent of preventable injury-related deaths, according to the National Safety Council (NSC). Drivers are legally obligated to follow traffic regulations and avoid injuring other drivers. You can bring a tort claim against a driver who fails in this obligation and injures you.
- Truck accidents – Truck accident cases often involve tort claims against multiple parties due to the complexity and diversification of the trucking industry. The truck driver, the trucking carrier, maintenance workers, the truck’s manufacturer, and other parties may share liability for your injuries. In some tort cases involving multiple defendants, you may need to file multiple claims to recover full compensation. The stakes are often high in truck crash cases. That’s because collisions involving massive trucks frequently cause catastrophic injuries, and commercial trucks usually have at least $1 million in insurance coverage.
- Motorcycle accidents – Motorcyclists are at heightened risk of injury from negligent motorists because they lack safety protections provided by cars and trucks. Moreover, they often face an uphill battle to convince a judge or jury that they have the right to compensation, thanks to pervasive stereotypes of motorcyclists as dangerous thrill-seekers. Insurance defense attorneys play to these stereotypes, often arguing that motorcyclists are to blame for their injuries. These dynamics are why it’s so important to work with a knowledgeable tort lawyer after a motorcycle crash.
- Pedestrian accidents – People on foot are the most vulnerable road users. Many laws exist to protect pedestrians from collisions, yet these laws only work if motorists follow them. Drivers can be liable for pedestrian accidents when they violate rules requiring them to yield to pedestrians in certain situations.
- Premises liability claims – Texas law says property owners, occupiers, and other responsible parties must protect lawful visitors from potential dangers at their facilities. If a property owner fails in this duty and a visitor suffers an injury as a result, the visitor may have a tort claim against the property owner or someone who works for them. Slip-and-falls, pool accidents, and dog bites are common examples of premises liability claims in Texas.
- Product liability claims – Companies that manufacture and sell products must ensure they are safe for use and that consumers are given adequate warnings and instructions. When they fail to do so, and someone is injured as a result, they open themselves up to product liability claims. These claims run the gamut from defective medical devices and car parts to dangerous drugs and household chemicals.
- Wrongful death – When someone is liable for injuries resulting in death, the deceased’s survivors can file a wrongful death claim against that person. Winning a wrongful death claim is often difficult, but an experienced tort lawyer can help you show how a defendant’s negligent or intentional actions caused your family member’s death.
Types of Torts You Must Know
Torts are categorized based on the underlying action that gave rise to the harm. The three categories are as follows:
- Intentional torts – An intentional tort is one in which the defendant knew or should have known that their action would cause injury. For example, if someone physically attacks another person, the injured person would have a tort claim against the attacker. One key thing to note is that torts are civil cases rather than criminal ones. So, in the above scenario, the attacker could face a civil tort claim from the person they attacked while also being prosecuted by the state for the crime of battery. Furthermore, because the burden of proof is lower in civil court than in criminal court, the attacker could be found not guilty of a crime while still being civilly liable to their victim.
- Negligent torts – Negligence is a legal term that means a failure to behave with appropriate caution given the circumstances. It is also the most common ground for a tort case. In a negligence tort, the plaintiff must show that the defendant owed them a duty of care and failed in that duty through their actions or failure to act. A car accident case is a typical example of a tort based on negligence. If someone hit your car while you had the right-of-way, you can likely bring a tort claim against them.
- Strict liability torts – There are certain actions for which a defendant is liable for a plaintiff’s injuries regardless of the defendant’s intent or mental state. These cases are called strict liability or absolute liability torts. In a strict liability tort case, all that matters is whether the defendant’s actions or failure to act injured the plaintiff. Injuries caused by dangerous products often fall under strict liability.
Our Tort Law Firm Is Your Trusted Resource
If you suffered injury and harm because of another person’s act or omission, you can likely bring a tort claim against them. However, these claims can be hard to win without the help of an experienced tort attorney like the ones you’ll find at Kraft & Associates, P.C. Our Dallas personal injury attorneys have decades of experience handling tort claims and can aggressively pursue fair compensation for your injuries. We can meet with you anytime at whatever location is most convenient for you.
Call us today or visit our contact page for a free consultation.
