Santa Clara Tort Lawyers

Find the right Litigation attorney in Santa Clara, CA

Litigation Lawyers in Santa Clara

In Santa Clara, California, a "tort" is defined as any civil wrong, besides breach of contract, for which the law provides a remedy.

In Santa Clara, California, a tort is basically 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."

Santa Clara, California's laws recognize many different torts. However, the civil litigation system only deals with a few of these dozens of torts with any frequency. While the most obscure torts are occasionally litigated, there are only a small amount that the average 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 Santa Clara, California

Negligence: This is by far the tort that is most frequently dealt with in the courts of Santa Clara, California. Put simply, negligence is a failure to exercise a reasonable amount of care, and causing harm to someone as a result. For instance, driving 30 miles per hour over the speed limit is obviously very careless. So, if you are driving that fast, and your speed causes you to get into an accident that harms someone else (either their body or their property), you have committed negligence, and will be required to compensate the victim for the harm that you caused. You should know, however, that this is just an evident example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.

Fraud: In Santa Clara, California, fraud is a fairly prevalent tort that the local court system has to deal with, though it may not be quite as prevalent as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often occurs when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.

Battery: The law in Santa Clara, California defines battery as any harmful or offensive contact by one person, with the body of another person, without the consent of the victim. Any punch, kick, strike, or slap would clearly amount to battery, since it is harmful, unless it results in a context where the person being battered consented to it (a lawful boxing match, for example). However, conduct that doesn't cause any physical harm, but is "offensive," can also be considered battery. This most often comes up when one person initiates unwanted sexual contact with another.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress is also called IIED in Santa Clara, California, and it was not recognized 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 Santa Clara, California Tort Lawyer Help?

If somebody has injured you, either intentionally or negligently, in Santa Clara, 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 probably want to, for apparent reasons.

In either case, a Santa Clara, California 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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Life in Santa Clara

Santa Clara, California is located in Santa Clara County in the heart of the Silicon Valley. Many advanced technology and semi-conductor companies are headquartered in the city, including Intel, McAfee, Applied Materials, and Agilent Technologies. Sun Microsystems and Oracle are also major employers in the area. The city of Santa Clara owns and operates its own electric utility facility called Silicon Valley Power. As a result, electricity rates are considerably cheaper in Santa Clara.

Aside from its central role in the Silicon Valley semiconductor boom, Santa Clara, California is home to a diverse array of facilities. Buck Shaw Stadium is located in the city, and is home to the Major League Soccer team the San Jose Earthquakes. The San Francisco 49ers holds practices in Santa Clara and is also headquartered there. Great America, a popular amusement park in the Bay Area, is also located in Santa Clara. The city also hosts a number of outdoor events such as the Art Wine Festival in September and Concerts in the Park.

Santa Clara is a major city for lawyers and attorneys, as the Santa Clara County Courthouse maintains a branch in the city. Many lawyers in Santa Clara, California received their legal education at Santa Clara School of Law. Santa Clara lawyers are available to assist clients in a diverse range of legal fields.

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