Personal injury law is part of the civil legal system. Unlike criminal law, the civil legal system is where one party files a suit against another party, often due to some form of negligence which resulted in injury to the plaintiff. The “offences” committed by the defendant in civil suits are defined under tort law.
Torts include a wide range of legal areas, including:
- Property Torts
- Strict Liability Torts
- Economic Torts
- Intentional Torts
- Dignitary Torts
- Duty to Visitors
The more common torts related to personal injury involve negligence, intentional torts, and strict liability torts. The vast majority of civil suits are based upon negligence, where one person acted in such a manner to cause the injuries of another, and, had they taken reasonable care, the accident could have potentially been prevented. Slip, trip, and fall accidents, car accidents, dog bites, and workplace accidents are typical negligent personal injury cases.
Intentional torts are those actions where the defendant acted in a purposeful manner to cause harm to the plaintiff, and can result in both criminal and civil suits being brought against the defendant. Assaults, battery, inflicting emotional distress, and false imprisonment are just a few different intentional torts.
One type of strict liability tort is related to hazardous activities, like transporting hazardous waste or building demolition. Even though efforts are taken in hazardous work environments, the defendant can still be held liable for an accident that results in personal injuries. Product liability is another strict liability tort. Product liability is where there is a product defect or a failure to warn of potential injury.
Defenses to Torts
Defendants will utilize several different strategies to shift their negligence or responsibility for the accident and attempt to show the plaintiff was either partially or wholly at fault, or consented knowing there was a risk of personal injury.
Your Legal Rights
If you have been injured due to the result of another’s negligence, it is in your best interests to consult with a personal injury experienced attorney from Schechter, Shaffer & Harris, L.L.P., Accident & Injury Lawyers to discuss your options and find out your legal rights. There are specific statute of limitations and filing deadlines to initiate a civil suit against the responsible party. Contact our personal injury law firm at 713-364-0723 now.