Tortfeasor
A tortfeasor is an individual or entity that has been found to have committed a civil offense that injures another party. In an intentional tort, the tortfeasor is found to have willfully caused the damage or injury. Strict liability torts seek redress for damage caused unintentionally by another party who is, nonetheless, responsible. The objective of tort law is to provide a remedy for damage suffered by one party and caused by the action (or inaction) of another. In a strict liability tort, a tortfeasor may be found liable for damage that was not intentional.
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What Is a Tortfeasor?
A tortfeasor is an individual or entity that has been found to have committed a civil offense that injures another party.
Such disputes are resolved in the branch of the justice system that is known as tort law. The objective of tort law is to provide a remedy for damage suffered by one party and caused by the action (or inaction) of another.
Understanding the Tortfeasor
A plaintiff in a lawsuit is a person or entity that claims to have been damaged by the actions of another party. The plaintiff is seeking redress in the form of recovery of some or all of the costs of the damage.
In some cases, more than one party may be found responsible for the tort. In such cases, each party is a joint tortfeasor. The court will determine how much damage or loss each party is responsible for. The court may divide up the responsibility for reparations according to the proportion of the damage each party was responsible for.
Finding Responsibility
A tort is defined as an act or an omission that causes harm to another person or entity.
A tortfeasor may have committed a number of civil offenses. They include negligence, fraud, trespassing, and emotional harm. A corporation, for example, may be held liable for a faulty product that causes harm to its users.
Small claims courts were established to allow an individual to pursue repayment from a tortfeasor with little delay or cost.
Torts fall into three main categories, each with its own standards:
The Role of Insurance
Insurance claims are usually pursued under civil law, and thus insurance policies may be responsible for reimbursing tortfeasors for damages they are forced to pay. Insurance companies that indemnify their policyholders are required to defend them against civil claims.
The amount recovered by the plaintiff may include reimbursement for lost wages, medical expenses, or related losses.
Every state has its own tort law, including small claims courts that are established that allow citizens to pursue justice without great expense and delay.
Related terms:
Antitrust
Antitrust laws apply to virtually all industries and to every level of business, including manufacturing, transportation, distribution, and marketing. read more
Bailment
Bailment describes the transfer of property from a bailor, who temporarily relinquishes possession but not ownership of the property, to a bailee. read more
Basic Reparations Benefits
Basic reparations benefits are a type of automobile insurance that provides assistance with medical expenses, lost income, and essential services. read more
Civil Damages
Civil damages are monetary awards granted when a person suffers a loss due to the wrongful or negligent actions of another party. read more
Comparative Negligence
Comparative negligence is a principle of tort law commonly used to assign blame and award monetary damages to injured parties in auto accidents. read more
Contributory Negligence
Contributory negligence is the plaintiff's failure to demonstrate care for their own safety. Often, defendants use contributory negligence as a defense. read more
Subrogation
Subrogation is the right of an insurer to pursue the party that caused the loss to the insured in an attempt to recover funds paid in the claim. read more