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.
On this page
The essentials
- A tort is a civil wrong — distinct from a crime, though the same act can be both.
- Tort law has three main branches: intentional torts, negligence, and strict liability.
- Most personal injury cases are negligence cases.
General U.S. background. State rules and individual facts can change the answer. Find your jurisdiction →
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.
Sources and review scope
This legacy reference article has not received a new claim-by-claim source or licensed-attorney review. Its content update date is not a legal verification date. Check current official sources for rules relevant to your claim. How we distinguish content dates and source checks.
Put the information to use.
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.