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What is a “tort?”

Many people are unaware of what the term tort entails. A tort is an injury or harm that one sustains and it can either be private or civil as reported by the Western Producer in an April 17, 2014 article.  Moreover, the injury can be unintentional, meaning that it was caused by an accident, or it can be intentional meaning that it was done knowingly or purposefully.

Some accidents include, but are not limited, to tripping and falling on a defective sidewalk or some kind of defective condition, a motor vehicle accident, strict liability, and medical malpractice. Some intentional torts include but are not limited to assault, battery, false imprisonment, and trespassing on land. There are also some defenses for torts. For instance one can consent to assault, battery or false imprisonment.

Torts is a very broad category and one of the major torts is negligence. One who has been injured and claims negligence have to prove that the other party is liable by showing that the other party owed some sort of duty to him or her and that the person did not follow what was expected of him or her, thus this caused the injuries that the injured party sustained. As a result, one should be awarded damages. While these elements might seem pretty straight forward everyone does not have the same duty of care, and this varies on the professional and on the circumstances. As a result, if one has been injured and thinks he or she has a negligent claim or a tort claim in general, then he or she should immediately consult with an attorney.

For a free in person consultation with lawyer Jayson Lutzky, call 718-329-9500. Mr. Lutzky has over 30 years of experience practicing law in New York State. Home and hospital visits are available if you have been seriously injured. Visit www.MyNewYorkCityLawyer.com for more information.

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