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Tort Laws Used in Civil Litigation in Los Angeles

Mesriani_Law_Group | Apr 27, 2010 |

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The state of California has comprehensive laws that provide a person who sustained personal injuries an avenue to have the liable party accountable for his actions.

However, because the average person is not knowledgeable with these laws, a lot of victims do not get justice for the sufferings they sustained.

That is why you should hire the services of a Los Angeles civil litigation attorney to guide you in the process of filing a civil lawsuit.

A civil litigation attorney handles cases that deal with civil wrongs, unsafe conduct and/or failure to perform duty.

Civil litigation is different from criminal prosecutions as it deals primarily with providing the victims compensations for the damages they sustained as a result of the liable party's misconduct.

There are actually three types of tort law; those are:

* Intentional tort – This refers to wrongful conducts that are done intentionally and resulted in injury or property damage.

To prove an intentional tort case, you have to prove the following details:

o The defendant intentionally and willfully performed wrongful conduct or the defendant is aware of the consequences of his actions but went ahead and performed the wrongful conduct anyway.
o The wrongful conduct proximately caused the injuries of the victim
o The victim sustained damages as a result of the injury

* Negligence tort – This is actually the most commonly used cause for filing personal injury lawsuits. A person's conduct is considered negligent if it fails to measure up to what a reasonable person in the same situation would do. Examples of personal injury cases that use negligence as cause are vehicular accidents, slip and fall accidents, and medical malpractice.

To prove a negligence tort case, you have to prove the following details:

o The defendant has a duty to the victim

o The defendant breached that duty

o The breach of duty proximately caused the injury

o The victim sustained damages as a result of the injury.

· Strict liability tort – Most commonly used in product liability cases, it asserts that the defendant is liable for the victim's injuries regardless of fault. Under this tort, the defendant can be held liable even if they exercised a significant amount of care.

To prove strict liability in a product liability case, you have to prove the following case:

o There is a innate safety defect on the product

o The safety defect proximately caused the injuries of the victim

o The victim sustained damages as a result of the injury.

The burden of proof always fall on the victims so you should get as much help as you can.

An expert civil litigations attorney should be able to help and guide you in ensuring the success of your personal injury lawsuit.