Litigation Lawyers in Los Altos Hills

In Los Altos Hills, California, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.

In Los Altos Hills, 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 Los Altos Hills, 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 Los Altos Hills, California

Negligence: Negligence is the most frequently-litigated tort in Los Altos Hills, 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 is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Los Altos Hills, California. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide number of different contexts. For instance, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.

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, also known as IIED, was not recognized in Los Altos Hills, California as a legitimate tort until the early to mid 20th Century. Nonetheless, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then truly causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.

How Can A Los Altos Hills, California Tort Lawyer Help?

If you think that someone might have committed a tort against you in Los Altos Hills, California, you can sue the alleged wrongdoer to seek compensation for your injuries. And, of course, if you are being sued for a tort (or anything else), you are completely entitled to put up the best legal defense you can.

In either of those situations, you will almost definitely benefit from the counsel of a competent tort lawyer in Los Altos Hills, California. In addition to improving your chances of winning your case, should it go to trial, a reliable lawyer will also make every effort to prevent the issue from going to trial in the first place, by attempting to negotiate a settlement with the other side that's acceptable to both parties.