Personal Injury Law in the United States:Tort Law

Tort law is the name given to a body of law that creates, and provides remedies for, civil wrongs that do not arise out of contractual duties.

A person who is legally injured may be able to use tort law to recover damages from someone who is legally responsible, or “liable,” for those injuries. Generally speaking, tort law defines what constitutes a legal injury, and establishes the circumstances under which one person may be held liable for another’s injury. Torts cover intentional acts and accidents.

In tort law, potential “injuries” are defined broadly. Injury does not just mean a physical injury such as where the pedestrian is struck by a ball. “Injuries” in tort law reflect any invasion of any number of individual “interests.” This includes interests recognized in other areas of law, such as property rights.

Actions for nuisance and trespass to land can arise from interfering with rights in real property. Conversion and trespass to chattels can protect interference with movable property. Interests in prospective economic advantages from contracts can also be injured and become the subject of tort actions.

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