A civil breach committed against someone resulting in legal action is referred to as a tort. In these cases, the injured party is eligible to sue for damages, or compensation, for what happened to them.
This is commonly seen in personal injury cases, where the plaintiff in the case files a claim against the defendant for financial obligations associated with their injuries, damages, and more.
Kinds of Torts
- Intentional torts, where someone intentionally committed a wrong and caused an injury to someone else.
- Negligent torts, where someone violated a duty they owed to the individual harmed, such as running a red light and causing an accident.
- Strict liability torts, where it does not matter whether there was intent or a duty breached; the defendant is responsible because the matter is so important. Strict Liability usually involves product liability. For instance, if a faulty product caused an injury, then the manufacturer or retailer that sold it can be held responsible.
Intentional Torts
An intentional tort occurs when the defendant knowingly intended to inflict harm to somebody else. This can be in the form of physical harm in addition to emotional distress. It can also apply when intentional property damage happens. Under tort law, seven intentional torts exist:
Assault: In tort law, assault means that somebody threatened or tried to harm another individual, yet did not really touch them. That's the difference between assault and battery, which is defined below: assault can occur without touching anyone.
Battery: While assault is a threat of violence, a battery occurs when somebody follows through on that threat and physically touches another person. The contact can be either harmful or offensive. Somebody that commits battery can face both civil and criminal charges. For civil battery, three elements need to be involved-- intent, contact, and harm, which can be emotional or physical in nature.
False Imprisonment: If somebody limits another individual's ability to move freely, then that can be classified as false imprisonment. The plaintiff needs to prove willful and unlawful detention without permission to have a claim. This can include hostage situations or if someone conducts an invalid citizen's arrest. False imprisonment can be physical (ie, use of restraints) or through unreasonable duress or coercion.
Trespass to Land: This occurs when someone intentionally comes onto someone else's property. It can even involve children using a yard as a shortcut to a school. In these circumstances, the plaintiff has to show that the trespass occurred without their permission. Notably, this does not apply to postal workers or police officers, as they have implied consent to go on a property. Frequently, the cases of trespass that are actually litigated include damage to the property. Nevertheless, if there is no damage and the plaintiff simply wants the trespassing to end, the plaintiff can request an injunction.
Trespass to Chattels: Chattels are anything that is movable, like a vehicle, computer, animal, or apparel. If it's not actual property, it's chattel. The tort requires that the defendant "significantly interferes" with the plaintiff's chattel. Interfering is not just touching the person's property. Neither is significantly using it. However, damage to the property is interference and regarded as trespass to chattel.
Conversion: Conversion happens when an individual wants to regain the value of a piece of property that was taken without their consent and can no longer be returned. If the property is sold, damaged, changed, misused, or not returned, then there are grounds for a conversion tort. Keep in mind that conversion involves physical, tangible property, such as a car, bicycle, or electronics, and can even apply to the gas in a lawnmower borrowed without consent by a neighbor.
Intentional Infliction of Emotional Distress: This occurs when the defendant acts outrageously and inflicts emotional distress. For example, threatening violence against somebody or their loved ones, or leaving a person stranded in a dangerous area, causing them to experience major distress, could constitute intentional infliction of emotional distress.
Our legal team at Marko Law is dedicated to holding negligent parties accountable for their actions. If you’ve been injured in an accident, don’t deal with insurance companies or try to go it alone. You need an experienced personal injury attorney in Detroit who will fight for the compensation you deserve.
