What types of torts exist?

The three broad categories of Torts include: 

• Intentional Torts, 
• Negligence, and 
• Strict Liability. 
  

What are Intentional Torts?

Intentional torts, as the name implies, are characterized by the mental intent of the tortfeasor. The tortfeasor undertakes an activity with either the desire to bring about an intended result or with the knowledge that the result is substantially certain. When the action results in an identifiable harm or loss to a third party, it constitutes an intentional tort.

• Example: If one person physically batters another person by punching him in the face. This is an intentional tort because the individual intended her actions and the probable result.

What is Negligence?

Negligence is conduct by an individual that drops below a reasonable standard of care and causes harm to another person. Succinctly, an individual has a duty to act reasonably when interacting with others. When that individual fails to act reasonably and thereby causes harm to others, that individual is negligent.

• Example: A person who is driving too quickly, following too closely, or not paying close attention may be negligent if her careless behavior results in an automobile accident.

What is Strict Liability?

Strict liability subjects an individual to liability for activity that causes harm to another without regard for her intent or the standard of care she shows in carrying out that activity. That is, simply undertaking the activity that results in harm is sufficient to make the actor liable. The injured party is not required to demonstrate the actors intent or the level of care they exercised in undertaking the activity.

• Example: A person who deals in very hazardous material, has a vicious or wild animal, or takes part in the production or sale of an unreasonably dangerous product may be liable if her activity causes injury to someone. It does not matter that the person did not intend to harm anyone or that the person took extra precautions to not harm anyone. These activities alone are enough to subject the person to liability.