Tort

What is a tort?

A tort is a civil wrong causing harm to another person, giving rise to a legal claim for compensation. It is the broad legal category that personal injury law belongs to.

The word covers a wide range of conduct, from careless driving to intentional harm to defective products, unified by the fact that each causes injury the law recognizes as compensable.

It is distinguished from a criminal offense. A tort produces a civil claim between private parties, while a crime is prosecuted by the state and can result in punishment such as incarceration.

The same conduct can sometimes be both, which is why a criminal case and a civil tort claim can proceed independently from the same underlying event.

What are the main categories?

Torts are generally organized by the defendant's state of mind or conduct.

• Negligence, the failure to exercise reasonable care
• Intentional torts, including assault and battery
• Strict liability torts, where fault is not required in specific contexts such as certain product claims
• Statutory torts created by specific legislation, such as the Dram Shop Act

Why does the category matter practically?

Because different tort categories carry different requirements for proof, different available defenses and sometimes different procedural rules entirely.

A negligence claim requires proving duty, breach, causation and damages, while a strict liability claim in a product case may not require proving fault at all, only that a defect existed and caused harm.

Identifying which category or categories apply to a specific set of facts shapes the entire strategy of a case, including what evidence matters most.

How does this differ from a contract dispute?

Tort law addresses harms arising independent of any agreement between the parties, such as a stranger's carelessness causing an injury.

Contract law addresses disputes over promises made between parties, and the same underlying facts can sometimes give rise to claims in both categories depending on the relationship involved.

This distinction matters for damages available and for procedural requirements, which differ considerably between the two areas of law.

Common questions

Is every accident a tort?

Not necessarily. A tort requires a legal wrong, meaning some breach of a duty owed. A genuinely unavoidable accident with no fault attributable to anyone may not give rise to a tort claim.

Can the same conduct be both a crime and a tort?

Yes. A drunk driving crash, for example, can result in both a criminal prosecution by the state and a separate civil tort claim by the injured person.

Why do some torts not require proving fault?

Certain categories, particularly some product liability claims, apply strict liability because policy considerations favor placing responsibility on the party best positioned to prevent the harm, regardless of fault.