United States tort law

Under United States tort law, torts are generally divided into three categories: intentional torts, negligence, and strict liability torts.

Intentional Torts

Intentional torts include those actions that are intentional and voluntary and that are made with knowledge by the tortfeasor (i.e. the person who committed the tort) upon the plaintiff (the one who brings the complaint seeking relief). Intentional torts include: battery, assault (apprehension of harmful or offensive contact), false imprisonment, intentional infliction of emotional distress (IIED), invasion of privacy, fraud, defamation of character (includes libel, which is written defamation of character and slander, which is non-written defamation of character), malicious prosecution, abuse of process, the real property tort of trespass to land, and the personal property torts of conversion and trespass to chattels.

Negligence

Amongst unintentional torts one finds negligence as being the most common source of common law, most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most American courts (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) It is a form of extracontractual liability that is based upon a failure to comply with the duty of care of a reasonable person, which failure is the actual cause and proximate cause of damages. That is, but for the tortfeasor's act or omission, the damages to the plaintiff would not have been incurred, and the damages were a reasonably foreseeable consequence of the tortious conduct. Other non-intentional torts include negligent infliction of emotional distress (or NIED, not recognized in all states), malpractice (professional negligence), and product liability (liability of manufacturers, wholesalers and retailers for unreasonably dangerous products).

Some jurisdictions recognize one or more designations less than actual intentional wrongdoing, but more egregious than mere negligence, such as "wanton", “reckless” or “despicable" conduct. A finding in those states that a defendant's conduct was "wanton," “reckless” or “despicable”, rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.

Punitive damages (sums intended to punish the defendant) may be awarded in addition to actual damages intended to compensate the plaintiff. Punitive damage awards generally require a higher showing than mere negligence, but lower than intention. For instance, grossly negligent, reckless, or outrageous conduct may be grounds for an award of punitive damages. These punitive damages awards can be quite substantial in some cases. [cite web| url=http://www.gjel.com/articles/reckless.html| title=Punitive Damages for Reckless Conduct | ]

trict liability

Strict liability torts are brought for injuries resulting from ultrahazardous activities, for which the defendant will be held liable even if there was no negligence on his/her part. Strict liability also applies to some types of product liability claims and to copyright infringement and some trademark cases. Some statutory torts are also strict liability, including many environmental torts. The term "strict liability" refers to the fact that the tortfeasor's liability is not premised on their culpable state of mind (whether they knew or intended to accomplish the wrongful act, or violated a standard of care by doing so,) but, instead, strictly on the conduct itself or its result.

Federal torts

Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue for anything from a free speech claim to use of excessive force by the police. Tort claims arising out of injuries occurring on vessels on navigable waters of the United States fall under federal admiralty jurisdiction.

References

ee also

*Tort reform