Litigation Lawyers in Davie
In Davie, Florida, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In Davie, Florida, when a tort is committed, and the victim of the tort is vested with a right to sue the individual who committed the tort, they are said to have a "cause of action."
In Davie, Florida, 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 Davie, Florida
Negligence: Negligence is the most commonly-litigated tort in Davie, Florida'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 Davie, Florida is another fairly frequent tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It usually 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, also known as IIED, was not recognized in Davie, Florida 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 really 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 Davie, Florida Tort Lawyer Help?
If you have been the victim of a tort in , Florida, you have the option to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.
Whatever your situation, a tort lawyer who has expertise in representing people in Davie, Florida 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.