# Understanding Tort Law: Definitions, Examples, and How It Works

![Tort Law](https://www.investopedia.com/thmb/SNch232JeFGJhFOadBu7jN9el3s=/1500x0/filters:no_upscale():max_bytes(150000):strip_icc()/tort-law.asp-final-6bae2a595d364c398cbfbe93efb46de4.png)

*— Investopedia / Julie Bang*

> **Definition**
>
> Tort law is the area of the law that covers most civil suits, with the exception of contractual disputes,

Tort law governs most civil suits, excluding cases related to contracts. In general, any claim that arises in civil court, with the exception of contractual disputes, falls under tort law.

Tort law aims to address wrongs and provide relief through monetary compensation for harm. The original intent of tort is to provide full compensation for proved harms.

Lawsuits involving contracts fall under contract law.

Tort law mandates that those at fault compensate victims, covering lost income, medical costs, and pain and suffering, with potential [punitive damages](https://www.investopedia.com/terms/p/punitive-damages.asp) as punishment.

### Key Takeaways

*   Tort law covers civil suits that seek to remedy wrongful acts by awarding monetary compensation.  
    
*   The three main categories of tort law are negligence, intentional harm, and strict liability.  
    
*   Negligent torts arise from a failure to exercise reasonable care, while intentional torts result from willful misconduct.  
    
*   Strict liability torts hold defendants accountable for certain actions regardless of intent or care level.  
    
*   Tort reform debate centers around reducing frivolous lawsuits and managing legal expenses.

## Exploring the Different Types of Tort Law

Tort law is divided into three categories: negligent, intentional, and strict liability torts.

*   Negligent torts occur when someone [fails to exercise reasonable care](https://www.investopedia.com/terms/u/unintentional-tort.asp), leading to harm, such as in accidents.
*   Intentional torts result from deliberate actions like assault, fraud, and theft.
*   Strict [liability](https://www.investopedia.com/terms/l/liability.asp) torts focus on the act itself, holding parties accountable for harm, like producing a defective product, regardless of intent or care.
*   Strict [liability](https://www.investopedia.com/terms/l/liability.asp) torts, unlike negligence and intentional torts, are not concerned with the culpability of the person doing the harm.

## Real-World Cases Illustrating Tort Law

### A Liability Case

In February 2016, a self-driving car made by Google crashed into a bus in Mountain View, Calif. The car sensed a group of sandbags positioned around a storm drain and swerved into another lane to avoid them, slamming into the side of a public transit bus. This was the first reported case of a self-driving car causing an accident, not just being a part of one.

According to liability tort law, drivers can seek compensation from a manufacturer for a faulty part of a car, usually an airbag or a tire. However, this liability tort now extends to self-driving cars, and Google and others in the nascent self-driving vehicle business could be found liable for the damages.

### A Negligence Case

Amy Williams filed a negligence lawsuit against Quest Diagnostics and its subsidiary Athena Diagnostics for the wrongful death of her two-year-old son, Christian Millare.

In 2007, Athena Diagnostics misclassified a mutation in Millare's gene. The plaintiff argued that the misclassification led the child's doctors to use the wrong treatment for his symptoms. The mutation directly resulted in his seizure and death in 2008.

In 2018, 11 years after the child's death, the South Carolina Supreme Court ruled that a genetic testing lab could be classified as a healthcare provider under state law.

### An Intentional Tort Case

An example of an intentional tort is the ruling between the website Gawker and pro wrestler Hulk Hogan on March 18, 2016.

Hogan was awarded $140 million in damages since it was deemed that Gawker intentionally invaded his privacy in order to obtain video evidence of a private act.

## The Debate Over Tort Reform

The issue of tort reform relates to the critical stance taken against many tort cases, especially in the United States. Proponents of tort reform argue that many lawsuits today are frivolous.

According to the Court Statistics Project, approximately 12.5 million civil lawsuits were filed in state trial courts in the United States in 2022, and advocates of tort reform claim that far too many of these are based on flimsy grounds, or are filed to intimidate or influence outcomes.

These frivolous cases are expensive and time-consuming, using up public resources that could be better expended elsewhere.

Advocates of tort reform in the U.S. have especially focused on lawsuits related to medical malpractice claims and allegations of billing overcharges, including the unnecessary use of costly medical tests and the high price of drugs due to patents.

## The Bottom Line

Tort law is a pivotal element of the civil justice system, providing a mechanism for individuals to seek compensation for harm caused by another's actions, whether negligent, intentional, or accidental. The primary aim is restorative justice, ensuring victims receive monetary compensation for losses, including punitive measures in severe cases.

Understanding the distinctions between negligence, intentional harm, and strict liability torts is crucial for anyone navigating the legal landscape. Additionally, awareness of ongoing tort reform debates is necessary, as these discussions may influence future legal proceedings and outcomes.  

_**Correction—Aug. 15, 2024**:_ This article has been corrected to state that punitive damages are meant to punish the defendant.

> **Article Sources**
>
> 1.  U.S. Chamber Institute for Legal Reform. "[Torts of the Future: Autonomous Vehicles](https://www.ali.org/media/filer_public/6a/26/6a26ebc5-3dfa-4c60-b1ba-7e596819ef43/dc-656837-v1-torts_of_the_future_autonomous_emailable.pdf)."
>     
> 2.  South Carolina Judicial Branch-The State of South Carolina in the Supreme Court. "[Amy Elizabeth Williams, as the Personal Representative of the Estate for Deceased Minor; and Amy Elizabeth Williams, Individually, Plaintiffs, v. Quest Diagnostics, Inc., Athena Diagnostics, Inc., and ADI Holdings, Inc., Defendants. Appellate Case No. 2017-000787](https://www.sccourts.org/opinions/HTMLFiles/SC/27818.pdf)."
>     
> 3.  First Amendment Watch. "[Hulk Hogan v. Gawker: Invasion of Privacy and Free Speech in a Digital World](https://firstamendmentwatch.org/deep-dive/hulk-hogan-v-gawker-invasion-of-privacy-free-speech-in-a-digital-world/)."
>     
> 4.  Court Statistics Project. "[Trial Court Caseload Overview: Caseload Detail—Total Civil](https://www.courtstatistics.org/court-statistics/interactive-caseload-data-displays/csp-stat-nav-cards-first-row/csp-stat-civil)."