What Are the Seven Types of Torts in a Personal Injury Case?

A tort, in legal terms, is an act or omission that gives rise to injury or harm to another, resulting in legal liability for the person who commits the tortious act. Personal injury lawsuits are designed to offer financial relief to victims of torts and deter others from committing the same acts. 

Within personal injury law, torts are categorized based on the nature of the incident and the liability involved. Here, we explore the seven types of torts that often arise in these cases.

Negligence Torts

Negligence torts are the most prevalent type of personal injury claim. They arise when an individual fails to act with the level of care that another reasonably prudent person would have exercised under the same circumstances. This category includes car accidents caused by not adhering to traffic laws, slip and fall incidents on unsafe premises, and medical malpractice where healthcare providers fail to meet the standard of care. 

Intentional Torts

Intentional torts occur when an individual purposely acts in a way that causes harm to another. Unlike negligence, these actions involve deliberate intent to perform the act that led to the injury. Examples include assault, battery, defamation, and false imprisonment. The key element here is proving the intent behind the act, which distinguishes intentional torts from other types of personal injury claims.

Strict Liability Torts

Strict liability torts hold defendants liable for damages without the need to prove negligence or fault. In these cases, the law considers certain activities to be inherently dangerous and holds people or entities responsible for any resulting damages. Common examples include harm caused by dog bites and manufacturing defects in products. The principle behind strict liability is that certain activities pose enough risk to justify imposing liability on the person conducting the activity, regardless of the level of care that they took to prevent injury.

Defective Drug Torts

Defective drug torts address injuries caused by pharmaceutical products that are either defectively manufactured, poorly designed, or fail to provide adequate warnings about potential side effects. Victims of defective drugs can seek compensation for their injuries by proving that the drug caused harm despite being used as intended.

Defective Medical Device Torts

Similar to defective drug torts, defective medical device torts involve injuries resulting from medical devices that malfunction, are poorly designed, or fail to provide sufficient instructions for safe use. These cases often involve complex evidence regarding the device’s safety and the standards required by regulatory authorities.

Defective Product Torts

Defective product torts, also known as product liability claims, arise when consumers are injured by faulty products. This can include everything from household appliances to vehicles, where defects in design, manufacturing, or labeling can lead to serious accidents and injuries. Victims must prove that the product was defective and that this defect caused their injury to recover compensation.

Personal Injury Torts

Personal injury torts encompass a wide range of incidents where individuals suffer physical, emotional, or psychological harm due to the actions or negligence of others. This broad category includes many of the previously mentioned torts and covers injuries from a variety of sources, including workplace accidents or environmental pollution.

For anyone in California who has suffered an injury due to these torts, contacting a lawyer is a critical step. If you are injured by negligence, a defective product, or another cause, get in touch with a Bakersfield personal injury attorney to discuss your case and explore your legal options.