Tort Law is a civil violation of one party’s right by another party. The violation can be a loss, physical or emotional, or against one’s property. Florida law allows the victim to take legal action for damages caused and holds the tortfeasor, one who commits a civil violation, as the liable party. Our construction lawyers in Jacksonville are well versed in Florida tort law and are available to represent you with tort claim disputes.
The purpose of tort law is to restore victims for damages incurred and to discourage potential violators from repeating the same offense. There are many types of torts, but we will focus on the three categories torts fall into.
An intentional tort is one where a defendant knows, or should know, that their actions would bring harm to another person or the person’s property. An example of this would be trespassing onto personal property.
Negligence torts are not committed on purpose; however, may be the result of a defendant’s carelessness. An example of this would be flammable gas and explosives on a construction site causing damage to someone’s property.
3. Strict Liability
With strict liability torts an individual can be held responsible for violations although not directly the cause of the violation. In other words, the defendant isn’t at fault nor did the defendant act carelessly to cause the violation. An example of this could be a defective product on a construction site causing harm or injury to someone.
In tort cases, the court will decide who’s liable and what compensation, if any, should be awarded to a plaintiff. For the defendant to be held liable, the following have to be proven in court:
- Duty: defendant had a legal obligation/duty to the plaintiff
- Breach of duty: defendant breached their legal obligation to the plaintiff
- Causation: defendant’s breach of their legal obligation caused the violation/injury
- Injury: evidence of injury as a result of breach