Four Elements of a Tort
“Tort” is a legal term used to describe a civil wrongdoing that resulted in some sort of physical, emotional, or financial injury to an innocent party. It is complex and somewhat difficult to prove in a court of law that the accused person or company actually committed a tort. In order to do so, the plaintiff must prove that all four elements of a tort were present in the situation in question.
If you have suffered some form of injury due to the negligence of another party, legal action may be in order. In some instances, the same negligent act may result in harm to many people, possibly warranting the filing of a class action lawsuit. To learn more, contact the experienced class action attorneys of Feazell & Tighe, LLP, at 877-508-0588.
Facts Which Must Be Demonstrated
In order for the defendant to be found guilty of committing a tortious act against the victim, the prosecution must prove four elements of a tort, which are:
- Duty — The defendant must have had a legal duty (defined as a legally enforceable obligation) to the victim. In most cases, except medical malpractice and some liability cases, the civil duty is defined as what an “ordinary man of reasonable prudence” would have done.
- Breach of Duty — The defendant must also have breached that duty in some specific way.
- Causation — The breach of duty must be what has caused the injury or accident.
- Injury — There must be a physical or financial injury that occurred due to the defendant’s breach of duty.
An example of a case in which a class action lawsuit may be appropriate is a circumstance in which a property owner or operator of a concert venue, shopping mall, hotel, or other similarly populated premises fails to install fire sprinklers where required by law. If a fire breaks out and the guests of the property suffer burns, smoke inhalation injuries, or property losses because an extinguishing system was not available, a class action lawsuit might be warranted.
Contact Us
To explore your legal options if you and others have been harmed due to the negligence of another party, contact the class action lawsuit attorneys of Feazell & Tighe, LLP, by calling 877-508-0588.
