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Tort law is sometimes also known as personal injury law.
- A Tort is an act or omission that causes harm, or injury, to someone else or their property.
- A Personal Injury is when someone suffers any type of injury to their body, mind, emotions, or reputation.
Under tort law, when the reckless, negligent, or intentional act or omission of someone causes harm to another person, it’s a personal injury, and the one who caused the harm compensates the person injured.
Tort law also includes damage to personal property. If an act or omission causes harm to someone’s property, then the person who caused the harm is responsible for the property damage.
Personal vs. Property
In Georgia, personal injury claims are handled separately from property damage claims. This means that if you are injured along with your property, then you will have two different claims – one for your personal injuries and one for the property damage.
For example, if you are injured in a car accident then you will probably have damage to your car as well as to your person (that is, your body). The insurance company will often settle the claim for damage to your car while you continue to receive medical treatment for your separate, ongoing personal injury claim.
Types of Torts
There are 3 categories of torts that a person’s actions or omissions may fall under:
Negligent/Careless– this happens when someone fails to act or use care as a reasonably prudent person would under similar circumstances. For example, most drivers stop for red lights. If someone fails to do so and causes a car accident, then their negligent act caused an accident. If someone else is harmed in that accident, the negligent, at-fault driver may be responsible for compensating the person harmed.
Intentional – this is when a person intentionally acts in such a way as to harm another person. For example, if you are at a restaurant and walk up and punch someone in the face then you’ve committed the intentional tort of battery. Other examples of intentional torts are trespass, assault, false imprisonment, and infliction of emotional distress.
Strict Liability – This is when something is so dangerous that is doesn’t matter if the defendant is at fault or not, they may still be responsible for damages if someone else is harmed. This usually applies to some types of animal bite cases, defective product injuries, or to inherently dangerous activities.
Examples of Personal Injuries
The following are common ways someone is injured when a person commits a tort:
Auto Accidents
Nursing Home Abuse and Elderly Neglect
Medical Negligence
Defective Products
Unsafe Premises
Sexual Assaults
Workplace Injuries
Macon, GA Injury Attorneys
At Gautreaux Law, we fight to get full and fair compensation for people who are injured due to the actions of someone else. Contact us today to discuss your case for free at 478-238-9758 or 888-876-6935. Our personal injury attorneys have been helping those injured in the Greater Macon area for over 20 years. We only get paid after you get paid.