In an attempt to provide new content and information for the public, we will be posting updates and ideas that people are free to share, comment on, and respond to with questions. Our first topic is fittingly titled, "What is a 'Tort'?"
Many people do not have the faintest idea of what a tort is and may not have even heard the word "tort" before. However, most of us are familiar with the words "torture" and "tortuous." This should give you a basic idea of what a tort is.
Originally, the word "tort" comes from the Norman French word for "crooked" or "twisted." Today, torts include punching someone in the face, negligently crashing into someone else's vehicle, or distributing a dangerously defective product in the market.
People often confuse tort law and criminal law. Criminal law serves to deter and/or punish the offender. In contrast, tort law serves to make the injured person, typically the plaintiff, whole or as whole as possible. For example, assume that someone stole your laptop computer. Is this a tort? Yes, it would be classified as either "conversion" or "trespass to chattels." However, it is also the crime of "larceny." Whereas the defendant in a criminal trial faces criminal charges and possibly jail time, the defendant in a civil tort proceeding would likely receive either a fine or an injunction. The easiest way to remember this distinction is the O.J. Simpson trial. First, there was the criminal trial, followed later by the civil trial.
Our office practices personal injury law, a variety of tort law that encompasses wrongful death, motor vehicle accidents, and strict products liability. These breeds of tort law are just a few examples of torts where someone was injured and the law allows them recourse for compensation.