May 31, 2017
What is Tort Law?
A Tort is a civil wrong or a wrongful act whether it be intentional or unintentional that causes damages or injuries.
Three Types of Torts
There are three main types of Torts. First and most common, is a Negligence case. For example, this could be a car accident or slip and fall incident. Second is a Strict Liability case which is related to product liability. The last type is an Intentional Tort which can include assault or battery.
The Four Elements Required to Prove a Negligence Case
The most common type of negligence case is a car accident. If you are involved in an automobile accident, and you were not at fault, there are four elements that must exist to prove negligence has occurred.
First, there must be a duty, in this case, that would be driving in a prudent and reasonable manner.
The second element is that there was a breach of that duty which in an accident the driver at fault breached the duty of driving in a reasonable manner by hitting you.
Third, there must be a link between the action and damages. That means that there must be a connection to the drivers’ failure to operate a vehicle in a reasonable manner and the cause of the damage.
Finally, it must be proven that the driver not at fault has suffered and damages or injuries. The way to prove that is by providing the medical bills, medical records or any documentation from a mechanic involved in the incident.
In conclusion, it is important to understand what Tort Law is and all of the elements that go into these cases in order to best represent your situation.
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