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Common Torts and Defenses

Posted by on Feb 18, 2015 in Criminal Defense, Domestic Violence, Law Group Tampa, Lawyers, Personal Injury |

Common Torts and Defenses

Personal injury law includes a number of causes of action above and beyond carelessness. Most of these injuries belong to the intentional torts. The defendant acts with determination to harm the plaintiff in these situations. Examples include: false imprisonment, assault, trespass, theft, battery and infliction of emotional distress.

There are situations in which defendants will be legally responsible even though they did everything possible to avoid causing the harm, on the opposite end of the tort spectrum. This is referred to as strict liability. Even if all precautions are taken and the activity is legal and, the law will hold a defendant strictly legally responsible if someone is hurt while the defendant is engaging in a extremely dangerous activity. Transporting hazardous materials and building demolition fall into this category.

Also, one more very common tort involves injuries caused by defective products.ContentImage-Lawsuit.jpg-550x0 Legal responsibility in these cases can be obligatory based on a hypothesis that the manufacturer acted without due care and attention by designing and selling an unsafe product. Plaintiffs hurt by a defective product may be able to sue under a strict legal responsibility theory, if certain elements are met. In both ways, product liability cases have a lot of potential to become large class action lawsuits, which involves many plaintiffs and huge money judgments.

Defendants have a tendency to rely on a few common defense theories in order to defend against personal injury liability. In carelessness cases, what can happen is that the defendant may argue that the plaintiff did not use due care, and is in some measure or totally responsible for her or his own injury. The defendant can also claim that the plaintiff assumed the risk by voluntarily participating in a dangerous activity or sport, or that the plaintiff gave the defendant permission to take the action that ended up harming the plaintiff.

personal_injury_lawyerPlaintiffs should hire legal counsel in order to avoid a tort case which is based on such arguments. By retaining an attorney it will be very helpful to avoid the unlucky circumstance of violating a statute of limitations, which is always a worry in personal injury case.┬áThe aim of damages in tort actions is to pay the agreeable amount of money to the injured person as compensation for injuries that were caused by incident or accident. There are many damages in this type, and we are going to show you a few of it. So, let’s start:

  1. Damages for injuries to personal property. The measure of damages for injury to personal property can be different between the market value right away before and after the injury, except the property is destroyed, and in that case the fair market value of the item. The measure can be also the cost of repair sometimes, but it would be much cheaper and would make more sense simply to replace the item instead of repairing it.
  1. Damages for Losses to Real Estate. The measure of damages for permanent injury to real property (land for example) is also different in the fair market value of the land before and after the injury. If the damage is only temporary, then this damage would be the reasonable cost of repairing the property.

Beside these, there are many others as well such as: lost earrings, loss of consortium, wrongful death, prejudgment interest, punitive damages, collateral source rule, economic loss, emotional distress damages. . .

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