Tort
A 'tort' is a civil wrong — something one party does (or fails to do) that harms another, for which the law provides a remedy. Personal injury is the most common branch of tort law.
What a tort is
A tort is a civil wrong, as opposed to a criminal wrong. When someone commits a tort, the injured person can sue for damages. The state can't send someone to prison for a tort alone — though the same conduct (like drunk driving that causes injury) can be both a tort and a crime, producing two parallel proceedings.
Three main categories
Tort law is generally divided into:
- Intentional torts — conduct meant to cause harm, like assault or battery
- Negligence — conduct that falls below the reasonable-care standard
- Strict liability — liability without fault in specific contexts, like product defects or ultra-hazardous activities
Where personal injury fits
Most personal injury cases are negligence cases. Product defect cases are strict-liability cases. Assault and battery cases are intentional-tort cases. Calling a case a 'personal injury' case describes the harm; calling it a 'tort' case identifies the legal framework.
Key Takeaways
- 01A tort is a civil wrong — distinct from a crime, though the same act can be both.
- 02Tort law has three main branches: intentional torts, negligence, and strict liability.
- 03Most personal injury cases are negligence cases.
General information only. This page explains common concepts in plain language. It is not legal advice and does not create an attorney-client relationship. Laws vary by state and change over time. For any specific situation, consult a licensed attorney in your jurisdiction.