Definition
A tort is a civil wrong—other than a breach of contract—that causes injury or loss to another person and gives the injured party the right to sue for damages. Tort law exists to compensate people who are harmed by the wrongful conduct of others and to deter unreasonable or dangerous behavior. Unlike a crime, a tort is a private dispute resolved between the people involved rather than an offense prosecuted by the government.
Legal Meaning
Tort law is the branch of civil law that governs harms one person causes to another outside of a contractual relationship. When someone breaches a duty recognized by law and that breach causes injury, the law allows the injured party (the plaintiff) to bring a lawsuit against the wrongdoer (the defendant) to recover compensation. This is the legal machinery behind most personal injury cases, from car crashes to defective products.
Torts are usually sorted into three broad categories. Intentional torts involve deliberate acts, such as assault, battery, trespass, or defamation. Negligence involves careless conduct that falls below the standard of care a reasonable person would use, and it is the basis for the vast majority of injury claims. Strict liability imposes responsibility without regard to fault for certain activities—such as keeping dangerous animals or engaging in abnormally hazardous work—and for defective products under product liability law.
A tort is decided under the civil "preponderance of the evidence" standard, meaning the plaintiff must show it is more likely than not that the defendant is responsible. This is a lower bar than the criminal "beyond a reasonable doubt" standard, a distinction explained in our guide on civil vs. criminal cases. The specific elements, defenses, and available damages depend on the type of tort and vary by state.
Key Points
- A tort is a civil wrong that causes harm and creates legal liability for damages
- The three categories are intentional torts, negligence, and strict liability
- Tort claims are private lawsuits, not government prosecutions like crimes
- The civil standard of proof is a preponderance of the evidence
- Negligence is the most common basis for tort claims, including most injury cases
- Strict liability applies without fault to certain dangerous activities and defective products
- Compensatory damages cover economic and non-economic losses; punitive damages punish egregious conduct
- Elements, defenses, and damage rules vary significantly by state
Real-World Example
A delivery driver runs a red light while texting and strikes a pedestrian in a crosswalk, breaking her leg. The pedestrian can bring a tort claim—specifically a negligence claim—against the driver and potentially the employer, seeking compensation for her medical bills, lost income, and pain and suffering.
The same conduct illustrates how a single act can have multiple legal dimensions. Running the red light may also be a traffic offense and, if the injuries were severe, the driver could face criminal charges. But those are separate from the tort: even if the driver were never prosecuted, the pedestrian could still pursue her private civil claim to be made whole for her losses. This dual nature—civil liability on one track and criminal responsibility on another—is a hallmark of tort law.
The Three Categories of Torts
| Category | What Must Be Shown | Common Examples |
|---|---|---|
| Intentional Torts | The defendant acted deliberately | Assault, battery, trespass, false imprisonment, defamation |
| Negligence | The defendant was careless and breached a duty of care | Car accidents, slip and fall, medical malpractice |
| Strict Liability | Liability without fault for certain risks | Defective products, dangerous animals, abnormally hazardous activities |
How Tort Law Works in Practice
Every tort claim is built around a recognized legal duty. In a negligence case, the plaintiff must prove the four classic elements: a duty of care, a breach of that duty, causation linking the breach to the injury (including proximate cause), and actual damages. In an intentional tort case, the plaintiff focuses instead on the defendant's purposeful conduct, and in a strict liability case the focus shifts to the nature of the activity or product rather than the defendant's state of mind.
Defenses also vary by category. A defendant may argue assumption of risk, that the plaintiff's own fault contributed to the harm under comparative negligence or contributory negligence rules, or—in intentional tort cases—consent or self-defense. Employers can also face vicarious liability for torts committed by employees acting within the scope of their jobs.
Related Terms
Harmed by Someone Else's Wrongdoing?
Most injury claims are torts—learn how personal injury law can help you recover
Explore Personal Injury LawWhen You Need a Lawyer
Tort claims often turn on technical questions of duty, causation, and fault that are difficult to handle alone. Consider consulting an attorney if:
- You were injured by another person's careless or intentional conduct
- The other party or their insurer disputes responsibility
- Your injuries are serious or involve long-term treatment
- You are unsure which category of tort applies to your situation
- The same incident may also involve a contract dispute or criminal case
Most personal injury attorneys work on a contingency fee and offer free consultations. For more on costs and selecting counsel, see understanding legal fees and how to choose a lawyer.
Frequently Asked Questions
What are the three main categories of torts?
Torts are generally divided into three categories: intentional torts, negligence, and strict liability. Intentional torts involve deliberate conduct, such as assault, battery, or trespass. Negligence involves careless conduct that falls below the reasonable standard of care. Strict liability imposes responsibility without fault for certain activities or defective products, regardless of how careful the defendant was.
What is the difference between a tort and a crime?
A tort is a civil wrong that the injured person pursues through a private lawsuit to recover money damages, while a crime is an offense against the state prosecuted by the government and punished with fines or imprisonment. The standard of proof is also different: torts use a preponderance of the evidence, while crimes require proof beyond a reasonable doubt. The same act can sometimes be both a tort and a crime.
What is the difference between a tort and a breach of contract?
A tort is a duty imposed by law on everyone, such as the duty not to injure others through carelessness, while a contract duty arises from a voluntary agreement between specific parties. Tort damages aim to compensate for actual harm and may include pain and suffering, while contract damages usually focus on the benefit the parties expected from the bargain. A single set of facts can sometimes give rise to both claims.
What damages can you recover in a tort claim?
Most tort claims seek compensatory damages, which cover economic losses like medical bills and lost wages as well as non-economic losses like pain and suffering. In cases involving especially reckless or malicious conduct, a court may also award punitive damages to punish the wrongdoer and deter similar behavior. The types and amounts available vary by state and by the specific tort involved.
Filing Deadlines Still Apply
Tort claims must be filed within your state's statute of limitations. See the deadlines in our state-by-state statute of limitations guide.