Tort Law

What is a ‘Civil right’

Tort law is the area of law that covers most civil lawsuits. As a rule, all claims which arise in civil court, except for disputes falls under tort law. The concept of this law is to redress a wrong done to a person and provide protection against unlawful acts of others, usually by an award of monetary damages as compensation. The original intent of the tort is to provide full compensation for proved harm. Claims on contracts are subject to contract law.

Tort law requires that those who are found to be at fault for causing harm to other persons for the payment of compensation to victims. Typical harms can include loss of past or future earnings, payment of medical expenses, compensation for pain and suffering; and may also include additional punitive damages designed to punish the plaintiff over and above full compensation.

Breaking down ‘Civil law’

Tort law can be divided into three categories: negligent torts, intentional offences, strict liability offences. Negligent offence covers the harm done to people generally through the failure of another to exercise a certain level of care, usually defined as an acceptable level of service. Accidents are typical examples of negligent offences. Intentional offences, on the other hand, refer to harm people deliberately intentional acts of another person, such as assault, fraud and theft.

Strict liability torts, unlike negligence and intentional offense did not involve the guilt of the person doing harm. Instead, strict liability focuses on the act itself. If someone or some legal entity commits certain acts, for example, producing a defective product, that person or company is liable for the damage caused by this act, regardless of the level of care exercised or their intentions.

Tort Examples

In February 2016, self-driving car from Google crashed into a bus in mountain view, California. The car sensed the group of sandbags located around the storm drain and went into the other lane to avoid them, slamming into the side of the bus. This is the first reported case of a self-driving car in a traffic accident, not just to be part of it.

According to tort liability, drivers can seek compensation from the manufacturer for a faulty piece of car, as a rule, airbag or tire. However, this liability tort now applies to self-driving cars and Google may be found liable for damages.

Amy Williams has filed a lawsuit against the negligence of quest diagnostics and its subsidiary Athena diagnostics for the wrongful death of her son, Christian, Millare. In 2007, Athena diagnostics status of a mutation in a gene Millare, which led directly to the arrest and death in 2008. 27 Jun 2016, Nissan quest, filed a motion to dismiss for Statute of limitations for medical malpractice claims.

An example of a deliberate offence is the decision between Gawker and Hulk Hogan on March 18, 2016. Hogan was awarded the $140 million because of intentional tort law, as it was felt that Gawker intentionally invaded his privacy to get video evidence of the private law.

Tort Reform

Tort reform refers to a critical position in relation to many tort cases, particularly in the US, but in other places that today, many claims are frivolous. In the United States, more than 15 million lawsuits filed every year, and proponents of tort reform argue that too many of them are based on far-fetched grounds, or not filed in order to intimidate or to influence the results. These frivolous cases are expensive and time consuming, using resources that could be better spent elsewhere. Tort reform in the United States, special attention was paid to cases of medical claims and health care costs, including unnecessary use of expensive medical tests, and the high cost of medicines due to patents.

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