Torts are civil wrongs
recognized by law as grounds for a lawsuit. These wrongs
result in an injury or harm constituting the basis for a claim
by the injured party. While some torts are also crimes
punishable with imprisonment, the primary aim of tort law is
to provide relief for the damages incurred and deter others
from committing the same harms. The injured person may sue
for an injunction to prevent the continuation of the tortious
conduct or for monetary damages. Among the types of
damages the injured party may recover are: loss of earnings
capacity, pain and suffering, and reasonable medical
expenses. They include both present and future expected
losses.
There are numerous specific torts including trespass,
assault, battery, negligence, products liability, and
intentional infliction of emotional distress. Torts fall into
three general categories: intentional torts (e.g.,
intentionally hitting a person); negligent torts (causing an
accident by failing to obey traffic rules); and strict
liability torts. Intentional torts are those wrongs which the
defendant knew or should have known would occur through their
actions or inactions. Negligent torts occur when the
defendant's actions were unreasonably unsafe. Strict
liability wrongs do not depend on the degree of carefulness by
the defendant, but are established when a particular action
causes damage.
Tort law is state law created through judges (common law)
and by legislatures (statutory law). Many judges and states
utilize the Restatement of Torts (2nd) as an influential
guide. The Restatement is a publication prepared by the
American Law Institute whose aim is to present an orderly
statement of the general law of the United States.