Legal & IP
Definition
A tort is a civil wrong — an act or omission that causes harm to another person, giving the injured party the right to sue for damages. Torts are distinct from criminal offenses (prosecuted by the government) and from contract breaches (which require a pre-existing agreement).
Tort law covers a wide range of civil wrongs: negligence (causing harm through carelessness), intentional torts (battery, fraud, defamation), and strict liability (liability regardless of fault, common in product liability cases). To win a tort case, a plaintiff generally must prove duty (the defendant owed them a legal duty of care), breach (the defendant failed to meet that duty), causation (the breach caused the harm), and damages (actual harm resulted). The most common tort is negligence — from car accidents to medical malpractice to slip-and-fall cases. Unlike contracts, torts don't require any prior relationship between the parties. Damages in tort cases can include compensatory damages (actual losses) and punitive damages (awarded to punish egregious conduct).
Understanding tort liability matters for anyone running a business, as torts can arise from product defects, professional errors, premises hazards, or employee actions. A business attorney can help you understand your exposure and structure contracts, insurance, and operations to minimize tort risk.