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Conduct that harms other people or their property is generally called a tort. A tort is a wrongful act or violation of someone’s rights. Tort laws are laws that provide remedies for such violations. They usually involve state law and civil suits, which are actions brought to protect individuals’ rights.
For a tort to be determined, the harmful conduct must be either intentional or negligent. In other words, if a court finds a person committing the tort knew their behavior would cause harm, the court may determine the person intended to commit a tort. If, however, the person did not know the action would cause harm but could have reasonably predicted it would, the court may determine the action constitutes negligent tort.
Intentional tort—Some torts require intent in order to show liability. For example, if someone slanders your name, it is necessary to show that that person intended to harm you, or at least had the intent to commit an act that a reasonable person would know would likely cause harm.
Negligent tort—Some torts do not require intent. For example, if someone unknowingly trespasses on your property but could have reasonably predicted they were trespassing, that person may still be liable for committing a tort.
Tort laws cover every conceivable type of injury, including:
At Oshman & Mirisola, LLP, we are experienced litigators in a variety of tortious acts, including:
If you have suffered an injury as a result of someone else’s conduct and/or failure to act to prevent the injury, contact us.
Special Provisions of New York Tort Law
In New York, tort law has unique provisions. It differs from tort law in other states in the following ways:
No Limitations on Compensation—Compensation is the money victims recover in a lawsuit. Some states restrict the amount victims can receive; however, New York generally does not.
Statute of Limitations—New York state limits the amount of time victims have to file a lawsuit. Tort claims usually must be filed within one year after the tort occurred; while, medical malpractice suits must be filed within 2 years and 6 months.
Divorce—Sometimes tort law and divorce law overlap. In New York, it is possible to include tort claims, such as “cruel and inhumane treatment,” in a divorce lawsuit.