How Do I Know When Negligent Tort Occurs?

Friday, August 19, 2022

How Do I Know When Negligent Tort Occurs?

Written by Malman Law, reviewed by Steve J. Malman.

The basic foundation for a personal injury lawsuit is based on tort law. This legal concept protects you or your property from another party’s intentional wrongdoing or negligence. A successful tort claim allows the injured party to receive compensation from the party who caused the injury, such as after a car accident.

There are different types of tort claims, including negligent torts, that result from serious injuries. Below is some additional information about negligent torts and how they differ from other types of tort claims. If you believe you have a claim, seek help from a Chicago personal injury lawyer immediately.

Negligent Torts in PI Cases

Unlike intentional torts, negligent torts define activities that involve an action or oversight that led to an accident. For example, traffic violations or distracted driving are common examples of driver negligence that can lead to a tort case filed by injured crash victims. If a defendant crashes their car into another person’s vehicle because he or she was speeding, they can be held liable for negligence.

Intentional Torts in Personal Injury Cases

Intentional torts, as the name suggests, are acts a defendant commits with intent. Often, these acts are criminal offenses and can include:

• Assault and battery
• Sexual abuse
• Sexual assault
• False imprisonment
• Intentional infliction of emotional distress

These acts involve someone intentionally doing something they know will cause harm to another person. The victim of the harm can bring an intentional tort case to seek compensation for their losses.

Strict Liability Torts

An example of a strict liability tort is selling a product with a defect that leads to the user’s injury. These torts are not committed with a specific purpose accompanying them, but harm still results and the parties should be liable.

Besides product liability or product defects, these torts may include conduct such as selling alcohol to a minor or traffic offenses. For example, someone who sells alcohol to someone underage, even if they thought they were older, may still be liable for harm that results from the act.

In summation, you’ll know that another party is guilty of an intentional tort when they commit a crime or other misconduct that is intentional or one that is intended with a specific purpose in mind that causes harm. This is different from negligence, where a person is careless or breaches their duty of reasonable care. It also differs from strict liability claims, which often result from a person’s or manufacturer’s oversight.

Contact a Chicago Personal Injury Lawyer about Your Tort Claim Now

Learn more about your rights for filing a personal injury claim in Chicago by reaching out to Malman Law today. Contact a personal injury attorney about your injuries and legal options right away. Whether you were injured because someone intentionally hurt you or simply made an error that led to an accident, we can help.

Case evaluations are always free, so you have nothing to lose by speaking to our team about your rights and how we can assist you.