Torts

Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.

2,275 Questions
Civil Lawsuits
Criminal Law
Torts
Batteries

How do you sue for assault and battery?

There are two concepts here: the Criminal offense of "Assault and Battery", and the Civil tort of "Damages from Assault" (the latter may have a different name in your jurisdiction).

The Criminal offense case is determined by the local district attorney (after an investigation by the police), and is a criminal case of the State vs the defendant (who committed the A&B). You, the victim, are evidence in the State's case. The outcome of a conviction here is that the perpetrator of the A&B may have to (a) serve jail time (b) serve community service (c) undergo various therapy classes (e.g. anger management, etc.), and/or (d) pay monetary damages to the victim. The exact details of the punishment are left to the judge to decide, based on the circumstances of the case.

The Civil tort (lawsuit) pits the victim of the assault as the complainant and the perpetrator of the assault as the defendant. The victim should retain a civil lawyer who specializes in civil injury claims, who will help press your case in Civil court. Likewise, the defendant should retain the services of a civil defense lawyers who specializes in personal injury law. A "win" in the suit will generally result in only one thing: money to be paid from the defendant to the plaintiff.

There is a third option in most places: sue in Small Claims Court, if your damages are within fairly low limits (which vary by jurisdiction). It proceeds in the manner described in the preceding paragraph, but the procedure in Small Claims Court is less formal.

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Homeowner's Insurance
Workers Compensation
Civil Lawsuits
Torts

Can you sue a school for accidental injury?

In general, yes. However, as in any such suit, it is the Plaintiff's burden to prove the following elements: (1) the existence of a duty; (2) breach of that duty; (3) proximate causation (but for the breach, an injury would not have occurred); (4) compensable injuries.

Usually, such an action would be for negligence. The concept of negligence is embodied in items 1-3 above and, strictly speaking, is at odds with the concept of a legal "accident". This is because a true legal accident does not contemplate fault--it is something that happens without someone failing to adhere to a legal duty.

Another issue is that if you are dealing with a public school, there is the concept of "sovereign immunity". To make a very long story short, this generally requires the claimant to provide notice of the intention to make a claim in advance of making it. It is not the same as a statute of limitations (the limitations period for a claim against a government entity can be shorter than the statute of limitations for the same kind of cause of action against a private party).

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Law & Legal Issues
Emancipation and Ages for Moving Out
Torts
Alberta

What is the age of majority in Georgia?

My wife was Methodist when we married. During our marriage classeswith the priest he told her to be the best Methodist she couldpossibly be. He asked her to study and understand why Methodistsbelieve what they believe. This recommendation shocked me but I nowsee the wisdom of the suggestion. My wife converted to Catholicism6 years later!Another answer: Both of the answers above are good, to spell itout, the current law in force in the Latin Church forbids mixedmarriage or disparity of cult and for liceity in such a case theexpress permission of the ecclesiastical authority would beneeded (for a mixed marriage): in other words for such a marriageto be legal normally a Bishop would have to give his expresspermission. In the case of disparity of cult a expressdispensation would be required for the validly of such amarriage.

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Civil Lawsuits
Civil Process
Torts
France

How do you file an international lawsuit in France?

Send a chicken via airmail inside a pineapple to the french embassy in venesuala

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Civil Lawsuits
Civil Process
Torts

Can you file a lawsuit if you find hair in your food at sonic?

Technically, yes, you could - but, the first thing any good attorney will ask is, "what are your damages?". That doesn't mean "I was emotionally scarred by finding hair in my food." Did you become ill enough to incur medical expenses, lose time at work, things like that. Humans have hair all over their bodies & no matter how clean a restaurant, these things can still happen. I can't imagine a court or judge that would appreciate this claim as a true tort & not a case of clogging the system with situations that occur on a daily basis to humans.

Yes but it would be a difficult case, you would have to build a lawsuit that established that it was in fact one of the employees hair follicles in your food, rather than your own. The hair in question must be proven to have come from Sonic and nowhere else. This could be done through means of DNA testing for example. You also have to take into consideration the damages you seek to receive, one wouldn't want to incur all the costs of filing a lawsuit and taking it to court to receive an award that amounts to the cost of the food that the hair was in.

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Civil Lawsuits
Criminal Law
Torts

Is petty larceny a tort law?

No. A tort is a CIVIL wrong - not a criminal offense.

PETIT LARCENY (Petty Larceny) is the statutory legal description of a criminal offense, and that would be the formal charge in a criminal law case.

However in a civil case for monetary damages it might be addressed, or described somewhat differently (e.g.: wrongful conversion - taking property without right - etc)

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Civil Lawsuits
Torts

What does Benedick claim in Act you?

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Torts
Incorporation
US Supreme Court

What does Motion to enforce judgment mean?

The Motion to Enforce is a legal filing that requests a court to force someone to obey a previous court ruling.

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Civil Cases
Torts

What is average settlement in Avandia lawsuit cases?

OK, here it is - My gross settlement amount is $19,347 from that the lawyer gets %40 so that means i get around $11,000. Nope lawyers expenses $ 1000- $2500 i'll figure $1750 so my Settlement amount from a drug that caused me to have 3 stints place in my heart, live on numerous high dollar drugs, is.........$9,250......oopps wait i took out one of those lawsuit loans i got $2500, have to pay back around $5000 it was dumb but at the time it was needed to survive so my finale settlement amount is $4250 this my friends is a great injustice , why did uncle Sam get 3 billion ? did he have a heart problem? where's the other 300 billion ? hahahha, thats what life has come to the rich get richer and we .......well you know

Maria, That's not the average, that's what YOU received. This was a mass tort case, meaning that each person would get a different amount, depending on the usage, and so forth. You could get more than someone else, them you, and so on.

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Health
Civil Cases
Torts
Food Safety

Can you sue for a band aid in your food?

Yes, you can sue, because it should be against permit policiy. :)

It is also a safety hazard because it could contain blood from someones body that could be contaminated with all sorts of disease, potentially making you very ill.

You can't sue just because it is there. You would need to claim some kind off damage from it.

Most restaurant owners will feel genuinely embarrassed by it and offer some compensation as a customer satisfaction issue as well as to prevent publicity and reports to the board of health.

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Job Interviews
Labor and Employment Law
Torts

How can you get someone fired?

Report that he/she is an illegal alien.

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Debt and Bankruptcy
Civil Lawsuits
Torts

Who are the plantiff and the defendant?

In civil court these are terms that are used to identify the parties to the suit. The PLAINTIFF, is the aggrieved party who is initiating the lawsuit (i.e.- the one who is suing). The DEFENDANT is the party against whom the suit is being brought (i.e.- the one being sued). Depending upon the court system, sometimes the DEFENDANT is known as the RESPONDENT.

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Labor and Employment Law
Civil Cases
Torts

How can you stop an employee from stealing customer information that you as a business have obtained from the customer?

If your business has competent IT staff, have them create a few policies to define acceptable use and data security. Additionally, enforcing access control lists via group policy would be a good idea (for example, the HR department would be the only group that would have access to employee records).

Added: Terminate them - take the matter to court and request to have the court issue an injunction against the employee's actions vis-a-vis your client information, and/or sue the individual in civil court.

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Intellectual Property
Torts
Crime

What does the term theft of information mean?

Theft of information is usually an indicator of the intent to exploit that information. There is no legitimate reason for a person unaffiliated with an organization to access that organization's sensitive data, so any discovered compromise should be treated as a precursor of a future threat.

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Politics and Government
Torts
Decade - 2000s

What are the relevant cases related to damnum sine injuria?

gloucester grammar school case (1410)

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Civil Lawsuits
Torts
Parole and Conditional Release

Can someone be sued for murdering someone and if so what is that civil suit called?

Yes, someone can be sued or held liable both criminally and civilly, for the death of another.

Aside from a murder charge (which is criminal/penal in nature), the surviving relatives of the deceased victim have the right to make what is called a '''wrongful death claim. In a wrongful death claim, the surviving family is asking for monetary damages for the loss of their loved one.''' Yes, that's what happened to O.J.

It is called a Wrongful Death suit.

Yes aside for being a murdering S.O.S. the victim has also had their civil rights violated.

*Also you are not the one who will charge the person fore the murder but the "State, province, country etc." are the ones in charge of that ; But it could be different for different countries.

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Civil Lawsuits
Torts

How long can you sue someone for personal injury after the Incident in Massachusetts?

Depends upon the Limitation Act applicable in the jurisdiction were the cause of action lies.

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Law & Legal Issues
Civil Lawsuits
Torts
The Difference Between

How many types of torts are there in law?

Torts are civil cases brought against those that have caused harm. One way of categorizing them is:

1. Negligence

2. Intentional harm to a person

3. Intentional harm to tangible property

4. Strict liability

5. Nuisance

6. Harm to economic interests

7. Harm to intangible property interests

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Apartments and Home Rentals
Torts
Landlord-Tenant Issues

Can you sue your landlord for mold related health costs if she refuses to fix the problem?

Absolutely. And more and more renters are doing just that. Mold is a proven health hazard, especially to young children, the elderly and those who have respiratory problems. You must also make sure that you have documentation of everything. Also, any problems pertaining to the mold must be in writing to provide backup, otherwise you may not have a legitimate suit. If you signed a mold addendum when you moved in, make sure you read your copy thouroughly for more info. Since mold is caused from some sort of water, your landlord must fix the problem, it is most likely a leak. (Again, this must be in writing) In Texas, I know for sure after you give them 3 letters in writing (certified mail is a good way to go), you can break your contract and then I would pursue legal action. Mold is type of fungus that is present in our natural environment. Mold spores, which ar tiny microscopic "seeds", can be found virtually everywhere, including in homes, and are a part of the general dust found in homes. These spores can grow on building materials and furnishings if conditions are correct. Excess moisture is the critical factor in any indoor mold problem. Mold growth should not be tolerated in our homes. Eventually, the moisture and mold will damage what it is growing on, which may include both the building and the renter's personal belongings. The key to preventing mold growth is to prevent moisture problems. Health effects from exposure to mold can vary greatly depending on the person, the amount of mold in their home. The type of symptoms that may occur include coughing, wheezing, nasal symptoms and throat symptoms. People with asthma or allergies who are sensitive to mold may notice their asthma or allergy symptoms worsen. Individuals with severely weakened immune system who are exposed to moldy environments are at risk of developing serious fungal respiratory infections. MDH recommends that people consult a medical professional if they are concerned about the effects of a moldy environment on their health.

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Civil Lawsuits
Torts

What does toxic tort mean?

A Tort is a civil law suit in which one party claims to have been damaged by another. In a Toxic Tort, the damage is alleged to have been caused by a toxic chemical.

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Civil Lawsuits
Torts

What is a tort?

In nursing, a tort is defined somewhat differently.

For example, nursing obviously involves touching a person's body. A nurse takes a pulse, blood pressure reading, listens to a person's heart, inserts an IV, helps a person to stand, etc. etc. However, if a patient says "Do not touch me!" (a refusal of nursing care), it can be a tort if the nurse persists in touching or trying to touch the person (except in a life-saving action or emergency). For example, if a patient says "don't touch me!" but a fire starts, a nurse better rescue that patient or the nurse could be charged with criminal offenses.


Restraining a patient is another big issue. A tort can arise from nursing staff restraining a patient without following proper guidelines, or using restraints as a punitive measure.


Also, any action a nurse does (which a nurse should never do) that is intended to punish a patient could be a civil tort, even if no direct harm is done to the patient. For example, a bedridden patient refuses to wash or allow staff to wash the patient. In frustration, the nurse dumps the basin of tepid (barely warm) water onto the patient and leaves the room, leaving the patient soaking wet. Though there was no "injury", it can still be a tort. Same if a nurse neglects to do (whatever) care or service for a patient who the nurse has deemed "uncooperative". "nasty", "belligerent", etc. A patient can have a bad attitude; a nurse should know how to deal with "difficult" people without compromising nursing care.



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Civil Cases
Torts

Can an insane person be held liable for a tort yes or no?

There is no yes or no answer to your question.

There is no yes or no answer to your question.

There is no yes or no answer to your question.

There is no yes or no answer to your question.

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Criminal Law
Business Law
Torts
Similarities Between

What are main differences between criminal law and civil law?

Quite simply, criminal law deals with violations of statutory crime and its punishment, civil law deals with non-criminal things such as contracts/business, and things such as divorce, etc. You can be charged under both criminal and civil proceedings though. A perfect example is OJ Simpson being aquitted of criminal charges but being found guilty in civil proceedings. Probably the biggest difference between the two is what is called "BURDEN OF PROOF"

In criminal proceedings the burden is "BEYOND ALL REASONABLE DOUBT" for someone to be convicted. This means that the evidence points substantially towards guilt and there is little to no question of guilt. For a jury in this case you would need everyone in agreement or the case is a mistrial. Unaminity is the key.

In civil proceedings all that is required is "preponderance of evidence" which means that if it is found that it was more likely than not that an incident occured then you can be convicted. This kind of proceeding is really a "who has the best evidence" type of case. Only a majority of jury members decision is needed in this case.

ANSWER 2

1. Criminal Law cases must prove the person's guilt beyond reasonable doubt, whilst civil cases must be proved on the balance of probability

2. The main difference however is who the law is aimed at.

Theoretically criminal law is a considered to be harming all members of society. Consequently, the victim of the criminal case is all of society; hence the case is brought on behalf of the police and prosecution on behalf of society. In contrast to this, civil/private law, the offence is committed against the individual :)

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Health
Torts

Can you sue a hospital if your unborn child died due to a fibroid that the doctors and ultrasound nurses detected but did or said nothing about?

Yes, you can sue them.

You can sue. Whether or not you can win is a different question. In any type of professional negligence case, you need to hire another doctor to testify on your behalf that the failure to treat the fibroid fell below the standard of care. You need to consult a medical malpractice specialist.

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Law & Legal Issues
Auto Insurance Claims
Torts
Definitions

What is the definition of negligence?

The legal term is "failure to use a reasonable amount of care when such failure results in injury of damage to another". An example would be driving under the influence (DWI). The nonlegal definition would be carelessness, such as leaving your spouse's golf clubs out in the rain. (Not that I know anyone who has ever done that).

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