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Category:Injury and Tort Law

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Revision as of 19:45, 30 March 2010 by FindLaw Nira (Talk | contribs)


Overview of Personal Injury and Tort Law

The personal injury and tort law category includes topics related to the mechanics, types, elements, defenses and remedies associated with tort law. It also encompasses articles related to other aspects of substantive and procedural personal injury law.

Personal injury and tort law involves civil proceedings which seek monetary relief for harm suffered from a failure to act or breach of duty to act. The victim of the personal injury-- who sustains injury or suffers damage--is known as the plaintiff. The person who's action or inaction caused the damage is known as the defendant or tortfeasor.

Types of Torts

There are three main types of torts: Negligence, torts in strict liability, and intentional torts.

Negligencee involves the departure from a reasonable standard of care which causes harm. As such a tortfeasor does not need to intend harm to be held responsible for negligence.

Torts in strict liability do not depend on intent but focus on inherently dangerous action that poses undue risk on the public. Common torts in strict liability involve inherently dangerous activity such as working with explosives or fireworks, harm caused by animals, and actions in product liability against manufacturers and designers.

Intentional torts require requisite intent to harm. Some intentional torts may also involve an action that is criminal. If brought forth as a tort in a civil action of law, compensation would be sought to remedy harm.

Defenses to Personal Injury Actions

Common defenses for personal injury actions include comparative negligence, assumption of risk, and statute of limitations. Liability can also be transferred or shared if there were multiple tortfeasors.

Damages in Personal Injury

Damages can include nominal damages, general damages and specific compensatory damages, and punitive damages if applicable. Also, there may be damages for physical injury to property.


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Pages in category "Injury and Tort Law"

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