Posted on October 9, 2013 by admin
Thousands of injuries occur every day on the road, at work, in department stores, and at home. The incidence of property damage is equally extensive. Although most of these mishaps never find their way into the legal system, many are caused by wrongs that we call torts. In addition to provide compensation to victims, one of the major objectives of tort law or personal injury law is behavior modification.
In this post, you’ll get abreast info on personal injury law that keeps you aware of the rules. Keep reading,
Purposes of tort law
When someone harms or damages you or your property, the primeval instinct of you is often to retaliate. The legal system functions as a check against this instinct so that the peace of the realm is not disturbed. If a conflict is not resolved informally among the parties, society asks the parties seek a remedy in court. There are two kinds of disputes over which court has jurisdiction, criminal disputes and civil disputes.
Criminal law covers those wrongs that are serious enough to be classified as crime, for instance, murder and burglary. Civil law covers civil wrongs, which essentially contains everything other than criminal wrongs. Tort law is one of the branches of civil law. In a criminal case, the elements of the crime must be established against the defendant beyond a reasonable doubt whereas in most civil cases, the elements of the tort or other cause of action must be established against the defendant by a preponderance of the evidence. Let’s get into the topic, there are four purpose of tort law; peace, deterrence, restoration and justice.
Peace: Victims sometimes take the law into their own hands, to provide peace, tort law adjust the rights of parties.
Deterrence: To deter wrongful conduct. Tort litigation takes place in public. It has the effect of encouraging socially responsible behavior such as making safer automobiles and removing ice from sidewalls.
Restoration: To restore injured parties to their original position, usually by compensating them for their injury.
Justice: This is to identify those who should be held accountable for the harm that resulted.
Categories of Tort law
Intentional torts: An intentional tort is a tort in which a person either desired to bring about the result or knew with substantial certainty that the result would follow from what the person did or failed to do. Examples of intentional torts are battery, assault, trespass and false improvement.
Negligence: It is the failure to use reasonable care that an ordinary prudent person would have used in a similar situation, resulting in injury or other loss. For example: colliding with someone while driving under the influence of medication that causes intense drowsiness.
Strict liability: It results when the person causing harm was at any fault or engaged in any moral impropriety. An example would be performing an abnormally dangerous activity such as blast.
But the aim of personal injury law is to get the necessary compensate for the loss. If you want to know more about tort laws seek the help of Dublin law firm. A law firm can explain you more about the rules and functions.
For more details, visit oshealegal