Litigation Lawyers in East Point
In East Point, Georgia, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
In East Point, Georgia, 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."
Statutes and appellate court rulings in East Point, Georgia recognize a very massive 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 East Point, Georgia
Negligence: Negligence is by far the most frequent tort that results in litigation in East Point, Georgia. 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 basically any context.
Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in East Point, Georgia. Fraud is a lie that one person tells to another, with the intent to harm the other person, normally 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.
Battery: Battery is defined by the law of East Point, Georgia 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 really 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 basically 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: Intentional infliction of emotional distress, also known as IIED, was not recognized in East Point, Georgia 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 East Point, Georgia Tort Lawyer Help?
If someone has committed a tort against in you East Point, Georgia, you have a legal option to seek compensation. Additionally, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either situation, a East Point, Georgia 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.