Monday, July 25, 2011

What is a Tort?

There are probably as many ways to explain what a tort is as there are lawyers. I think a simple way of thinking about the word "tort" is this: when someone does something to harm you we need a way to hold them responsible that does not involve a gun fight in the streets.

A tort is the way to straighten something out without having to resort to violence. It is a creation of industrialization and with increases in manufacturing and industrial injury, either by the product to the consumer or to the worker in the production process we need, we needed peaceful ways to resolve problems that may arise. It was in that environment that the "tort" was born.

So, when an 18 wheeler bears down on you keep in mind that you should not drag the driver out into the middle of the street and hang him upside down by his jeans and shake the money out of his pockets. Even though that may seem like a logical reaction at the time, you will likely be prosecuted criminally for your behavior. You should, instead, use the legal creation known as a "tort" to resolve your claim with the help of a local lawyer.