Demystifying the Law: AttorneyCamilien Answers Common Questions About Tort Law

When it comes to understanding tort law, most people only hear about it when something goes wrong a car accident, a slip and fall, or an injury at work. But tort law is one of the cornerstones of the American civil justice system, and knowing the basics can help you make sense of how responsibility and compensation work when harm occurs.

In this guide, AttorneyCamilien breaks down common questions about tort law, negligence, and liability in plain English.

What Is a Tort?

A tort is a civil wrong that causes harm or loss to another person. When someone’s conduct, whether intentional or accidental, injures someone else, the injured party may seek compensation, often called damages, in civil court.

Tort law exists to promote fairness and accountability. It covers a wide range of cases, such as:

• Car and truck accidents;

• Slip and fall or premises liability incidents;

• Defamation (libel or slander);

• Medical malpractice; and

• Dangerous or defective products.

Unlike criminal cases, which are about punishment, tort cases are about making the injured person whole again, typically through financial compensation.

What Is Negligence?

Negligence is one of the most common types of torts. If a person or business fails to act with the level of care a reasonably careful person (or business) would use and that failure causes someone’s injury, it may amount to negligence.

For example:

• A driver texting behind the wheel;

• A property owner ignoring a known hazard; or

• A store failing to clean up a spill that causes a customer to fall.

  
  

Negligence is at the heart of most personal injury lawsuits.

What Are the Elements of Negligence?

Every negligence claim must generally prove four essential elements:

1. Duty of Care – The defendant owed a legal duty to act safely or responsibly;

2. Breach of Duty – The defendant failed to meet that duty;

3. Causation – The defendant’s conduct directly caused the injury; and

4. Damages – The plaintiff suffered measurable harm, such as medical expenses, pain, or lost income.

   
   

Each element connects like a link to a chain (remove one, and the chain may not hold).

What Is the Statute of Limitations?

The statute of limitations is a law that sets a time limit for filing a lawsuit.

The time period varies depending on:

• The type of claim (personal injury, property damage, medical malpractice, etc.)

• The state or jurisdiction where the case is filed

  
  

If a claim isn’t filed before the deadline, it can be permanently barred, meaning the court won’t hear it.

What Is the Difference Between Civil Court and Criminal Court?

Understanding the difference between civil and criminal court is key to understanding tort law. Civil Court handles private disputes between individuals, companies, or organizations. The goal is compensation or another fair remedy. Criminal Court deals with violations of criminal law brought by the government. The goal is punishment, such as jail, probation, or fines. However, a single act can lead to both. For example, an assault may result in criminal charges and a separate civil lawsuit for damages.

What Is Comparative Negligence?

In some cases, more than one party shares fault for an accident. That’s where comparative negligence comes in. Under this rule, each person’s share of fault is assigned a percentage, and their recovery is reduced by that amount. For example, if a plaintiff is found 25% responsible for an accident that caused $100,000.00 in damages, they may recover $75,000.00. I must note that different states apply different versions:

• Pure Comparative Negligence – Recovery is possible even if the plaintiff is mostly at fault.

• Modified Comparative Negligence – Recovery may be limited or denied once a plaintiff is 50% (or more) at fault.