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Representation In Negligent, Intentional And Strict Liability Torts (Civil Wrongs) Matters

What Is Tort Law?

Tort law protects us when we are harmed or injured in a noncriminal way based on duties that are imposed by law, and with a few exceptions, other than duties voluntarily assumed by contract. A tort is a civil wrong handled in civil court, not criminal court and generally, the breach of a tort duty permits recovery of compensatory damages, including damage to property, expenses and emotional distress, so long as the breach of tort duty was a “substantial factor” in causing the harm. Sometimes, punitive damages can be recovered if malice, oppression or fraud, as defined in Civil Code section 3294, is proven by clear and convincing evidence.

The Difference Between a Criminal Case and a Civil Case

When a person is harmed in a violent way, then this is a criminal case. The state brings the case against the alleged perpetrator, not the person who was harmed (the victim).
In a criminal case, the alleged perpetrator is called the defendant.
If the alleged perpetrator is found guilty in a criminal case by a burden of proof of beyond a reasonable doubt, then he or she will typically go to prison and pay a fine.
In a civil case, the person who was harmed is known as the plaintiff.
The person or business that acted in a harmful, negligent, reckless or intentional manner is known as the defendant.
Under tort law, if the plaintiff proves by a preponderance of the evidence that the defendant is liable, that individual or party does not go to jail, but instead the plaintiff is awarded a judgment for monetary damages.

The Two-Fold Purpose of Tort Law

The first purpose of tort law is to compensate us for damages. Damages can mean harm to a person, property, business, or reputation, and/or emotional distress.

We live in community with one another, so it is beneficial to prevent or discourage malicious and injurious behaviors. That is why the second purpose of tort law is to discourage other individuals or parties from acting in similar harmful ways.

Intentional Torts in California

Intentional torts are the laws that govern when a person acts in a harmful way and knew it was wrong to do so.

California intentional torts include:

Malicious prosecution: This means that in a previous case, the defendant brought about a civil or criminal case that was commenced or maintained without probable cause and with malice and terminated in favor of the plaintiff by judgment or dismissal.
Abuse of process: This relates to bringing about a court case that has little or no basis and seeks only to injure another person or party. However, just because someone files a complaint, it does not necessarily constitute an abuse of process. An attorney who handles intentional torts will be able to advise you on your specific matter.
Assault: Includes actions, such as a plaintiff’s apprehension of a battery.
Battery: Includes behaviors that cause fear of immediate harmful or offensive contact.
Invasion of privacy: This can involve appropriation of your name or likeness, putting you in a false light, disclosing private details about you or your family to the public, or intrusion upon your seclusion (for example, using a webcam or looking into your windows).
Intentional infliction of emotional distress: Typically, beyond rude or simply obnoxious behavior, these actions are extreme and outrageous and cause severe or serious emotional and sometimes physical harm.
Conversion: Meaning the taking of your tangible personal property.
Trespass: This is a physical invasion of your real property.
Defamation: Involves damage to your reputation, including libel and slander.
Trade libel: Publication of a false disparagement of your goods or services causing specific economic losses.
If malice, oppression or fraud, as those terms are defined in Civil Code section 3294, is proven by clear and convincing evidence, there is a potential to recover punitive damages in connection with proof of an intentional tort.

Negligent Torts in California

When a person fails to use reasonable care under the circumstances, even if unintentional, that person can be held liable for damages for bodily injury, property damage, and mental and emotional distress.

The most common examples are automobile accidents causing personal injury and slips and falls.

In a narrow class of cases, there can be recovery for negligent infliction of emotional distress.

If a person violates a statute that imposed a duty of care that was intended to protect persons from harm to their person or property, a civil duty of care can be implied and labeled “statutory negligence.”

When a professional fails to act in accordance with the standard of care of other reasonably careful practitioners, that type of negligence is called ‘malpractice,’ and if that professional holds himself or herself out to be a specialist, that professional must comply with the standard of care of other reasonably careful specialist practitioners.

Strict Liability Torts in California

Sometimes, the law imposes strict liability for engaging in inherently dangerous activities or the manufacture, distribution and sale of a defective product that injures the end user, even if that harm was unexpected and unintended.

Even if the product is not defectively designed or manufactured, there can still be strict liability for the harm if there was a duty to warn of the potential harm.

Elder Abuse Torts in California

California has enacted laws that protect older adults from not only physical abuse and neglect, but also financial abuse. Violations can result in large awards and recovery of large sums for the victim or personal representative of that victim’s estate for the benefit of the estate, plus attorney’s fees for the plaintiff, but not for the defendants, and potentially, punitive damages. These cases can be initiated in a civil action or a special proceeding in the Probate Division of the Superior Court.

Penal Code section 496 Torts in California

Recently, there has been a trend of civil actions seeking treble (three times) damages, attorneys’ fees and potentially punitive damages for violations of Penal Code section 496. Although that is a criminal code section, it expressly provides for a civil remedy for receiving stolen property. It has been successfully maintained in a civil action between business partners and it has been given an expansive reading by the Courts. Mr. LaTorraca has prosecuted and defended civil claims pursuant to Penal Code section 496.

Contact the Law Office of Henry B. LaTorraca

For a careful review of your potential tort case, please contact attorney LaTorraca at the Long Beach, California, office at 562-620-2412. Attorney LaTorraca offers a confidential consultation to discuss the merits and options of your matter.

Attorney LaTorraca’s work on behalf of his clients has earned him the respect of his peers. He has been AV Preeminent peer-review rated,* the highest rating, through Martindale-Hubbell.