The Elements Of A Tort

When you are injured in an accident or become ill, you may be faced with a financial burden that includes heavy medical and rehabilitative costs, loss of work income, and other expenses and losses that you are unable to afford or recover. When the cause of your injury or illness can be traced back to another individual or group, however, they may be financially responsible for not only your monetary losses, but your physical and emotional suffering as well. This area of the law is commonly referred to as tort law, and proving that someone is responsible for another person’s injuries is the prerequisite to obtaining compensation. In order to show that someone’s case qualifies as a tort, the situation must meet four basic criteria. The four elements of a tort include:

1.) Duty of Care The person who is allegedly responsible for the injury (the defendant) had an existing duty to avoid actions and behavior that might lead to an injury. For example, a person who invites guests to their home has a duty of care to the guests to warn them of any possible hazards on their property which may cause them injury, such as an area under construction
2.) Breach of Duty of Care the defendant violated their duty of care, i.e., failed to warn guests of the hazard
3.) Injury The plaintiff was injured
4.) Breach of duty as proximate cause the breach of duty by the defendant was the reason for the injury

When all of these factors are present in a case, it is highly likely that the court will award the plaintiff with a level of financial compensation suited to the damages they suffered. If you are considering pursuing legal action in a tort case, you will need the knowledge and skill of an experienced attorney to help you fight your case. To learn more about tort law and compensation, contact a personal injury attorney today.

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