Tort Litigation
Tort litigation typically is when there is no contractual relationship between you and the other party and one party either negligently or intentionally caused injury or damage or both. For example, a common form of tort litigation is personal injury. I represent both defendants and plaintiffs in pursuing tort based lawsuits to vigorously prosecute or defend demands for injunctive relief and compensatory and punitive damages.The word "tort" comes from the Latin term "torquere," translated as "twisted or wrong."
What exactly is a "tort"? There are four elements:
- Duty - the defendant must have owed a legal duty to the plaintiff. That duty is most often defined as what a "reasonably prudent person" should do to prevent reasonably foreseable injury or damage to a victim. In many cases that duty is defined by statutes, regulations or case law and can become "strict liability" meaning that a defendant has no defense because the "reasonable" standard does not apply. In some cases there is both a contract duty and a "reasonably prudent person" duty.
- Breach of that Duty - the defendant failed his duty.
- Causation - the breach of duty caused or contributed to the injury or damage
- Damages or Injury - the victim must suffer some loss.
Common Types of Torts
- Business Torts
- Class Actions
- Conversion - theft of property in a civil rather than criminal sense
- Nuisance and Trespass
- Professional Negligence & Malpractice - often a blend of contract and tort law.
- Personal Injury
- Product Liability
- Slander, Defamation & Libel - injuries to reputation
Business Torts
Business torts occur when wrongs are committed against a business, such as fraud, misappropriation of trade secrets, tortious interference, trademark infringement or unfair competition. Actions are usually brought purusuant to state laws but are also often brought under Federal Antitrust, Civil Rights or Tort statutes.
Class Actions
Class actions occur when more than one person is injured or damaged by the actions of another, whether negligent or deliberate. Some recent examples of mass torts include mesothelioma, the Chinese drywall (toxic torts), lead paint, the continuing issues with asbestos, etc. Also known as "mass tort" litigation.
Conversion
Some examples of conversion include misappropriation of trade secrets, improper withholding of money due you, etc.
Nuisance and Trespass
A "nuisance" is the unreasonable, unwarranted, or unlawful use of an individual's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual trespass or physical invasion to the land. A "trespass" is the civil equivalent of battery or burglary - a taking of your property..
Professional Negligence & Malpractice
This category includes breach of fiduciary responsibility by personal representatives and other trustees. A more detailed description can be found on the "Professional Neglignece & Malpractice" page.
Personal Injury
Premises Liability, Accidents, Product Liability, deliberate injuries, work injuries (Workers' Compensation claims), negligent injuries, etc. More detailed descriptions can be found on the "Personal Injury" pages.
Getting Started
Call me! Email me the appropriate documents and be sure to fill in the Litigation Intake Form and review the Litigation Meeting Agenda. We will sit down and discuss your case and determine whether I can help you, whether you are a fit for my practice, and what fees and costs may be involved.