Torts are some of the oldest types of civil claims, dating back to the earliest days of civil law. Generally, a tort is an act or omission that harms someone else—from the invasion of privacy to assault or battery, tort law is one of the broadest types of civil law.
Below, we discuss some of the most common types of torts and the elements a plaintiff must prove to be able to recover civil damages.
Three Categories of Torts
There are three primary categories of torts:
- Intentional torts
- Negligent torts
- Strict liability torts
Intentional Torts
As the name implies, intentional torts are those that involve some sort of deliberate action by the defendant. These may include assault, battery, false imprisonment, trespass, invasion of privacy, and the intentional infliction of emotional distress.
Negligent Torts
Negligent torts are those in which the defendant’s negligence or inaction causes the plaintiff’s injury. These can include general negligence, negligent infliction of emotional distress, certain auto accidents, and slip-and-fall cases.
Strict Liability Torts
Unlike intentional and negligence torts, which hinge on the defendant’s knowledge of their own actions (or inaction), strict liability torts don’t depend on the defendant’s degree of care—instead, they’re entirely focused on the harm the plaintiff suffered. The most common type of strict liability tort is product liability.
Common Types of Tort Claims
Under each of these three categories, there are dozens of specific tort claims under both state and federal law. State-law tort claims are brought in state courts and can be appealed all the way to that state’s supreme court, while federal tort claims are brought in federal courts and can be appealed to the U.S. Supreme Court.
“There is often an overlap between intentional torts and crimes,” says Mauricio Celis, licensed attorney and founder of Celis Law Group. “Assault, battery, and false imprisonment are all torts and crimes. This means that even if a defendant isn’t criminally charged with or convicted of the crime of assault or battery, they can still be held civilly liable and pay financial damages to the victim of their acts.”
What’s more, a criminal conviction doesn’t prevent the person harmed from continuing to pursue civil damages.
Battery
To prevail in a battery claim, a plaintiff will need to show four elements: (1) the defendant acted; (2) in a way intended to touch the plaintiff; (3) this touch was harmful or offensive to the plaintiff; and (4) the plaintiff did not consent to the touch. There must be a clear connection between the defendant’s touch and the harm the plaintiff suffered.
Assault
An assault claim is similar to a battery claim, but the elements are slightly different. A plaintiff must show that the defendant: (1) acted intentionally; (2) in a way intended to cause the plaintiff to apprehend or expect harmful or offensive contact.
False Imprisonment
False imprisonment can be similar to kidnapping. It involves: (1) a defendant’s willful act; (2) intending to confine the plaintiff, without consent or legal authority; (3) causing the plaintiff’s confinement; (4) with the plaintiff’s awareness of their own confinement.
Intentional Infliction of Emotional Distress (IIED)
This tort can be brought as a standalone claim or as part of another tort claim (like assault or defamation). To prevail on this claim, a plaintiff must show four things: (1) the defendant acted; (2) in an outrageous manner; (3) for the purpose of causing the victim severe emotional distress; and (4) this act did indeed cause serious emotional distress.
Trespass
To prove a trespass claim, a plaintiff must show that the defendant: (1) had the intent to invade the plaintiff’s land; and (2) invaded the land; (3) without the plaintiff’s consent.
Product Liability
These strict liability claims require five elements:
- The defendant sells a product on the commercial market
- When the defendant sold the item, the item was defective
- The plaintiff uses the product
- The plaintiff suffers an injury
- The product defect was an actual, direct cause of the plaintiff’s injury
Negligence
Negligence claims can include everything from slip-and-fall to auto accidents to “attractive nuisances” like backyard swimming pools. Generally, four elements must be proven:
- The defendant owed the plaintiff a duty of reasonable care
- The defendant breached this duty
- The plaintiff suffered an injury
- This injury is the direct result of the defendant’s action or inaction
Negligence per se claims are similar to traditional negligence claims; however, instead of a general common-law duty of care owed to the plaintiff, negligence per se claims involve a statutorily- or administratively-created duty. For example, a nursing home visitor who slips and falls on the floor may bring a traditional negligence claim, while a nursing home resident who suffers neglect at the hands of staff can bring a claim for negligence per se.
International Torts
Many other countries, including France, Italy, the United Kingdom, and Australia also have their own tort laws and procedures. But along with torts that take place on U.S. soil, foreign nationals may be able to sue U.S. citizens and U.S.-based companies for foreign torts under the Alien Tort Claims Act, 28 U.S.C. § 1350.
The Alien Tort Claims Act provides federal courts with jurisdiction over lawsuits filed for torts committed internationally that violate international law, including human rights violations.
