What Are the Three Types of Torts in Georgia?
There are three different types of torts – a wrongful act that leads to liability damages – in Georgia: negligence, strict liability and intentional torts.
While a crime nearly always involves the violation of a statute, a tort usually involves the breach of a legal duty that one person owes to another.
Many Atlanta personal injury attorney focus primarily on negligence cases. Most people owe a duty of reasonable care to one another: for example, a motorist has a duty to obey traffic laws and a landowner has a duty (in most cases) to keep his or her premises safe for guests and customers. If there is a breach of duty, and that breach causes injury to a plaintiff, the defendant is liable for damages.
Many times, both parties may be at least partially at fault: the defendant may have made an illegal lane change, but the plaintiff may have been speeding. Georgia is a comparative negligence state, which means that the plaintiff’s recovery is reduced by any contributing fault. In the previous example, if the jury finds that there was $100,000 in damages and that the plaintiff was 40% at fault, the plaintiff would receive $60,000.
Sometimes, an activity is so dangerous that the plaintiff does not have to prove fault. A products liability case is a common example: If the plaintiff can prove that the product was defective, the tire blew up or the vehicle’s brakes malfunctioned, the plaintiff may be able to recover damages.
Assault, battery, theft and slander are all examples of an intentional tort. Whereas an auto collision is sometimes accidental, a defendant commits an intentional tort either intentionally or recklessly.
If you have been injured, and the injury was not entirely your fault, the law affords several different ways to possibly obtain fair compensation for your injuries. For a free consultation with an attorney who only takes a limited number of cases, contact our office.