Litigation Lawyers in Fountain

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

In Fountain, Colorado, 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."

Statutes and appellate court rulings in Fountain, Colorado recognize a very considerable number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, 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 Fountain, Colorado

Negligence: Negligence is by far the most prevalent tort that results in litigation in Fountain, Colorado. Negligence is a failure to exercise the amount of care appropriate for a given situation, and causing harm to someone else as a result of this carelessness. For example, 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 example, and negligence can occur in virtually any context.

Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly often by courts in Fountain, Colorado. 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 variety of different contexts. For example, 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.

Battery: Battery is defined by the law of Fountain, 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 directly 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 typically any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. However, in most cases like that, the plaintiff hasn't suffered 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: Intentional infliction of emotional distress, also known as IIED, was not recognized in Fountain, Colorado as a valid tort until the early to mid 20th Century. However, 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 Fountain, Colorado Tort Lawyer Help?

If you think that someone might have committed a tort against you in Fountain, 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 absolutely entitled to put up the best legal defense you can.

Whatever your situation, a tort lawyer who has experience in representing people in Fountain, Colorado 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.