Maumelle Tort Lawyers

Tort Lawyers in Maumelle, AR

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In Maumelle, Arkansas, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.

Typically, any bad act in Maumelle, Arkansas that gives you the legal right to sue the person who committed the act, is a tort. Your particular right to sue is called a "cause of action."

Maumelle, Arkansas's laws recognize many different torts. Nonetheless, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are sometimes litigated, there are only a small amount that the ordinary person is likely to deal with (either as a plaintiff or defendant) at some point in their lives. They include fraud, negligence, intentional infliction of emotional distress, and battery.

Types of Torts in Maumelle, Arkansas

Negligence: Negligence is the most frequently-litigated tort in Maumelle, Arkansas's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Maumelle, Arkansas deal with it quite often. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It occurs most frequently when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a situation, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

element of battery is pretty straightforward: if you engage in physical contact with another that causes pain and/or injury, you've committed battery. It's necessary to note that the contact does not need to be harmful to amount to battery - it can also be offensive. What constitutes "offensive" contact is largely subjective, and unless the conduct is truly sleazy (unwanted sexual contact, for example), a battery lawsuit is pretty unlikely to result. One of the more grave forms of battery can occur when a patient is in surgery, and the surgeon, for whatever reason, operates on the wrong body part. Because the patient did not consent to this contact, the surgeon has committed a severe form of battery.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Maumelle, Arkansas. It is committed when someone deliberately causes emotional distress or trauma to another person by engaging in outrageous conduct, with the intent of causing such distress. Note that the defendant does not need to cause physical injuries to the plaintiff to be liable for IIED, but the plaintiff does have to produce evidence that they sustained emotional distress. This evidence typically comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.

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How Can A Maumelle, Arkansas Tort Lawyer Help?

If you believe that you've been the victim of a tort in Maumelle, Arkansas, you have a right to go to court and try to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't responsible, you have every right to defend yourself in court.

In either situation, a Maumelle, Arkansas tort lawyer will be able to advise you of your rights, and ensure that you have the best possible chance of prevailing in your case.

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