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Tort Law: Negligence, Strict Liability, and Intentional Torts

Federal & State Law Editorial Team

Comprehensive guide to tort law covering negligence elements, strict liability, intentional torts, and damages in personal injury cases.

Tort Law Basics

A tort is a civil wrong that causes harm, for which the law provides a remedy (usually money damages).

Negligence

Negligence is the most common tort claim. The plaintiff must prove four elements:

  • Duty: The defendant owed a duty of care to the plaintiff (e.g., drivers owe a duty of care to other motorists)
  • Breach: The defendant failed to act as a reasonably prudent person would under the circumstances
  • Causation: The defendant's breach was the actual and proximate cause of the plaintiff's injury
  • Damages: The plaintiff suffered actual, compensable harm

    • Defenses to Negligence:

  • Contributory Negligence: In a few states, if the plaintiff was at all at fault, they recover nothing
  • Comparative Negligence: In most states, the plaintiff's recovery is reduced by their percentage of fault
  • Assumption of Risk: The plaintiff knowingly and voluntarily accepted the risk of harm

    • Strict Liability

    Liability without fault — the plaintiff doesn't need to prove the defendant was careless:

  • Product Liability: Manufacturers and sellers are strictly liable for defective products that cause injury
  • Abnormally Dangerous Activities: Activities like blasting, storing explosives, or keeping wild animals
  • Dog Bites: Many states impose strict liability on dog owners

    • Intentional Torts

  • Assault: Intentionally causing reasonable apprehension of imminent harmful contact
  • Battery: Intentional harmful or offensive contact with another person
  • False Imprisonment: Intentionally confining someone without legal authority
  • Intentional Infliction of Emotional Distress: Extreme and outrageous conduct causing severe emotional distress
  • Trespass: Intentionally entering someone's land without permission
  • Conversion: Intentionally depriving someone of their personal property

    • Damages in Tort Cases

  • Compensatory Damages: Medical bills, lost wages, property damage, pain and suffering
  • Punitive Damages: Additional damages to punish particularly egregious conduct
  • Wrongful Death: Damages recoverable by the family of someone killed by another's tortious conduct