Tort law

            The word tort is generally used to refer to a wrong while in the legal field; it is used to refer to a form of private wrong that often involves a private party. In the legal field, there are also torts that are in the public entities like various government bodies. A tort normally occurs, for example, when a social worker or a law enforcement officer engages in an action or actions, or neglects to do so and a private party claims that the act or failure to act caused them harm. It is often assumed that United States citizens gave their consent for the government to act accordingly when carrying out the duties assigned to them.  If a police officer or a government agent goes beyond the limits set for their employment, the person could be found guilty for committing a tort.

An example is a case where a police officer uses excessive force when apprehending a suspect. According to the rules stipulated by the police department, police officers are allowed to use some certain level of force when dealing with suspects that resist arrest or act violently. Though this may be the case, using too much force unprovoked could lead to the police officer being held liable in court for going beyond the boundaries set for officer’s conduct. In such a case, the police officer could be found guilty for torts like battery and assault.  If the police officer was working according to the scope provided by the department yet still caused harm to the suspect, the whole police department may be found liable or any other government body that the police officer was working for (Week 6).

When individuals file cases related to tort, they often seek damages caused as a result of the tort such as damaged property, personal injuries or an invasion to their privacy. In cases where actual damages occurred, the plaintiff seeks compensatory damages as a way of replacing only what was damaged. The goal is to return the individual to the state they were in before encountering the damage. In such cases, the victims could file for compensation of special and general damages. In the case of special damages, the victim is compensated for replacing any damaged property or goods and any medical bills that may have been incurred as a result of the damage. General damages are offered to the plaintiff as compensation for any emotional pain due to losing a loved one, physical challenges or tarnished reputation as a result of the damage caused (Week 6).

In the past, public and private entities used to evade lawsuits by use of policies such as assumption of risk, contributory negligence and the counter affirmative defense. They limited the tort liabilities that came about from their actions under the pretence of frivolous lawsuits. However, the legal system has undergone a lot of restructuring and revolution over the years making it possible for private entities to be held accountable for tort liability. An example of such reforms is the use of rules used in the state bar associations that propose that sanctions be imposed on attorneys that file lawsuits that have no legal grounds. Under these rules, the opposing council may request a judge to force attorneys that file baseless lawsuits to pay monetary sanctions. As a result of such systems set in place, frivolous lawsuits are rare and plaintiffs can comfortably file against a tort (Week 6)

 

 

 

Reference

Attached pdf “week 6 lecture notes torts and negligence”.