Types of personal injury cases – negligence, intentional torts and strict liability

August 9, 2009

Personal injury cases can be divided into three main categories: negligence, intentional torts and strict liability. Below is a brief overview of the different types of personal injury cases:

Negligence: All of us owe a duty of care to the people around us. Specifically, it is our duty to act with the care and caution that a reasonable person would under the same circumstances. When a person violates this duty of care, and an injury results from it, they are said to be negligent. Of these three, negligence is by far the most common basis for a personal injury lawsuit

Intentional tort: A personal injury case falls under the general area of the law known as “torts.” Torts are any civil or wrongful act that results in an injury to another person. An intentional tort, as the name suggests, is an act that is committed willfully and purposefully. Essentially, the defendant set out with the intention of harming you or your property.

Strict liability: In a strict liability case, it is not necessary for the plaintiff to prove the defendant’s liability. Rather, the defendant is deemed automatically liable for the injury based on state laws. The defendant is held liable regardless of whether they knew they were endangering someone. The most common laws that impose strict liability are those related to defective products.

If you have been injured in an accident, contact us today to learn more about personal injury lawsuits and the type of case you may have. Email Fears Nachawati at info@fnlawfirm.com or call us toll free at 1.866.705.7584 for free legal assistance from a Texas personal injury lawyer.

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