What is a Tort?

When someone commits a harmful act which leaves him or her open to a lawsuit which could result in an award of damages, this is known as a tort. Torts can be intentional or brought about through negligence, and they run the gamut from hitting someone while driving drunk to neglecting to fix the plumbing in a home, causing flood damage. If someone is convicted of a tort, also called a civil wrong, he or she will be required to compensate the victim with damages. In some cases, it is possible to violate both civil and criminal law, resulting in jail time and an order of compensation.

A tort does not necessarily involve an unlawful act. For example, in many regions of the world, it is perfectly legal to adjust the controls on your car radio as you drive. If, however, you hit someone while adjusting your radio, you will be accused of negligent driving, and you will be liable for a tort suit. A tort can also involve a breach of common expectations, like the idea that restaurant owners should check their food to ensure that it is safe to eat.

There are a number of different types of torts, including economic torts, which involve damage to someone's business, defamation torts, in which people cause harm to someone or an organization by spreading false information, and nuisance torts, in which the peaceful enjoyment of property is disturbed by things like pollution or loose animals. Many torts are negligence torts, with a lawsuit being filed because someone failed to do his or her basic duty.

In many cases, people are required to get liability insurance to cover themselves in case they are involved in a tort suit. For example, doctors in many parts of the world must have malpractice insurance, which pays damages in the event that a doctor is convicted of negligence on the job. Landlords can also get such insurance to protect themselves from tenant suits, and drivers often carry liability insurance in case they hit other people.

As you might imagine, tort law is extremely complex, and several courses in law schools are devoted to the issue of torts. Tort reform has also become a topic of hot discussion, especially in the United States, where citizens are notoriously lawsuit happy, willing to sue in almost any circumstances in the hopes of obtaining reparations for things ranging from spilled coffee to spilled chemicals.