Tort law, commonly seen in the courts in the form of civil suits, is the practice of law regarding one citizen’s direct claim against another. The plaintiff, or victim, is blaming a tortfeasor, or defendant, for damage caused to property or to the individual. Tort laws can be divided into three categories: intentional, negligence, and strict liability. Attorney Jeffrey Luhrsen practices tort law in Florida and offers explanations to common questions regarding negligent tort law.
Question: What sets negligent tort law apart from intentional or strict liability law?
Answer: Negligence includes civil cases where a defendant’s failure to behave with a reasonable level of care has allegedly led to damages. In these cases, a defendant is believed to have either taken action or failed to take action, resulting in the defendant’s injuries.
Question: How does a plaintiff prove in court that a defendant exhibited negligent behavior?
Answer: A plaintiff’s attorney must be able to prove four things in order for her client to be compensated. First, the defendant had a duty to take specific actions in a given situation; second, the defendant failed to fulfill his duty; third, as a result of the defendant’s failure to fulfill his duty, the plaintiff sustained personal injuries or damage to his property; and fourth, the plaintiff sustained this harm in the form of measurable damages.
Question: What are some examples of negligent tort cases?
Answer: There are many types of negligent tort cases and details can vary widely between them. Some of the more common negligence cases involve car accidents and many medical malpractice cases.
Jeffrey Luhrsen is licensed to practice law in Virginia and Florida. He holds degrees from Temple University Beasley School of Law, Stetson University College of Law, and University of Tampa.
Jeff Luhrsen 