Litigation Lawyers in Aspen
In Aspen, Colorado, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Aspen, Colorado, 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."
Statutes and appellate court rulings in Aspen, Colorado recognize a very large number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very frequently, if at all. There are only a few that the average person has a decent chance of dealing with at least once in their lives. They include, but aren't limited to, negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Aspen, Colorado
Negligence: Negligence is by far the most common tort that results in litigation in Aspen, Colorado. Negligence is a failure to exercise the amount of care appropriate for a certain situation, and causing harm to someone else as a result of this carelessness. For instance, running a red light is inherently careless. If you run a red light, and cause personal injury or property damage, you are liable for the harm you caused. Of course, this is just one instance, and negligence can occur in practically any context.
Fraud: Fraud is another common tort litigated in Aspen, Colorado courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Usually, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will usually receive the difference between the fair market value of the thing they bought, and what they paid for it.
Battery: Battery is defined by the law of Aspen, Colorado as any contact by one person, with the body of another, which is offensive or harmful. Any conduct that causes physical injury, pain, or emotional distress is battery. Also, you do not need to actually touch a person with your own body to commit battery - simply directing harmful contact (say, by throwing a rock) toward another person is sufficient to create liability for battery. Battery can also arise from "offensive" contact, which is essentially any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. Nonetheless, in most cases like that, the plaintiff hasn't sustained any real harm, and will only be able to recover nominal damages, which would be far, far less than the cost of filing a lawsuit.
Intentional Infliction of Emotional Distress: This is a tort in Aspen, Colorado that involves emotional distress, and does not need physical harm or financial loss. It is also known by the acronym IIED. IIED is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and actually causes the intended distress.
How Can A Aspen, Colorado Tort Lawyer Help?
If you think that someone might have committed a tort against you in Aspen, Colorado, 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 Aspen, Colorado. In addition to improving your chances of winning your case, should it go to trial, a reputable 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.