Tort law involves a set of rules addressing civil wrongs, otherwise known as torts, that cause harm to people or property. There are multiple goals with tort law, including the compensation of victims, holding responsible parties liable for their actions, and deterring others from committing these same types of harmful acts.
Torts can be intentional, due to negligence, or strict liability. However, it’s important to note that torts are different from criminal wrongs, which are prosecuted by the state. Instead, tort lawsuits are filed by the victim or their family.
Examples of torts
Examples of torts can include the following:
Intentional
- Assault
- Battery
- Defamation
- False imprisonment
- Intentional infliction of emotional distress
Negligent
- Slip and fall accidents
- Vehicle accidents
- Pedestrian accidents
- Medical malpractice
Strict liability
- Defective products
- Animal attacks
- Abnormally dangerous activities
To win a tort lawsuit, the plaintiff must prove duty, breach, causation, and damages, essentially demonstrating that the defendant owed them a legal duty of care, breached that duty, which directly caused the plaintiff’s injuries, resulting in compensable damages. Defendants are found liable or not liable instead of guilty or not guilty. The victim may be compensated with monetary damages, restitution, or injunctions.
Defamation law
Defamation falls under the umbrella of tort law, which means it is a civil wrong where someone can sue another person if they have made false statements that harm that person’s personal or professional reputation, health, or finances. Defamation can include both spoken words (slander) or written words (libel).
Elements of a Defamation Claim
To win a defamation case, the plaintiff must prove four things:
1.) A false statement purporting to be fact was made about them.
2.) This statement or statements were published to a third party.
3.) There is fault amounting to at least negligence.
4.) Damage was done to their reputation as a result of the defamatory statements.
First Amendment considerations
The First Amendment protects freedom of speech and the press. However, defamation law protects people from false statements that harm their reputation. This means there can often be a fine line between First Amendment rights and defamation law.
The First Amendment provides protection for opinions on virtually any matter. However, it does not protect against false statements of fact. When it comes to public figures though, the Supreme Court has ruled that the First Amendment requires a higher standard of proof.
Other forms of speech that are not protected under the First Amendment include hate speech that incites imminent lawless action, makes true threats, or involves unlawful intrusion into the privacy of a third party.
What to do if you are a Victim of Defamation
If you have become a victim of defamation, you may want to consult with an attorney well versed in defamation law. Aside from counsel, the attorney can send a cease and desist letter to the defamer, demanding that they immediately stop this behavior and, if applicable, remove all published defamatory content posted online. A defamation attorney can also advise on taking legal action and filing suit against the defamer.