Litigation Lawyers in Hesperia
In Hesperia, California, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Hesperia, California, a tort is essentially any bad thing that one person can do to another, which the law says the victim can sue over. This is called a "cause of action."
In Hesperia, California, there are laws and court rulings that recognize scores of various torts. Many of these torts are very obscure, and are almost never litigated. In the modern era, the torts that the ordinary person is most likely to face are fraud, negligence, battery, and intentional infliction of emotional distress.
Types of Torts in Hesperia, California
Negligence: Negligence is the most frequently-litigated tort in Hesperia, California'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: Fraud in Hesperia, California is another fairly typical tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It normally involves selling a product to a person, while lying about the product's nature. If the buyer relies on the false information in making their purchasing decision, they are a victim of fraud, and can sue the person who defrauded them to recover their losses.
harmful or offensive, and non-consensual. For example, slapping someone on the face would be a clear case of battery, because that contact is harmful, and probably offensive as well. Unwanted physical conduct, especially of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Sometimes, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, sometimes, doctors have performed entire operations while the patient was unconscious, which the patient didn't consent to. This is also battery, and can result in a very costly lawsuit for the doctor, though such cases are quite rare.
Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress is also called IIED in Hesperia, California, and it was not identified as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Moreover, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Establishing that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.
How Can A Hesperia, California Tort Lawyer Help?
If somebody has injured you, either intentionally or negligently, in Hesperia, California, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for apparent reasons.
Whatever your situation, a tort lawyer who has expertise in representing people in Hesperia, California tort cases can advise you on the best way to proceed, and give you the best chance of winning your case, whatever side you're on.