Litigation Lawyers in Caldwell
In Caldwell, Idaho, a "tort" is specified as any civil wrong, besides breach of contract, for which the law provides a remedy.
When a tort is committed in Caldwell, Idaho, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is known as a "cause of action."
The law of Caldwell, Idaho recognizes several dozen different torts, but only a few of them are actually litigated with any frequency, and many of them are relics of a bygone age. However, there are a few torts that are litigated very often. These torts are negligence, fraud, intentional infliction of emotional distress, and battery.
Types of Torts in Caldwell, Idaho
Negligence: In Caldwell, Idaho, negligence is the most commonly-litigated tort. It is defined as a failure to act (in any situation) with a reasonable level of care, and causing harm as a result of that carelessness. For instance, if a store that's open to the public fails to remove ice from its front entrance, or put up any kind of warning, even though it knows that the ice is there, it is not exercising reasonable care. If anyone is injured as a result, the store owner will likely be required to compensate them for their injuries. This is, obviously, just an example.
Fraud: Fraud is another common tort litigated in Caldwell, Idaho 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 Caldwell, Idaho 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: Intentional infliction of emotional distress, also known as IIED, was not recognized in Caldwell, Idaho 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 actually 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 Caldwell, Idaho Tort Lawyer Help?
If you have been the victim of a tort in , Idaho, you have the power to seek legal redress. And if you have been sued for a tort, you have a right to defend yourself.
In either of those situations, you will almost definitely benefit from the counsel of a competent tort lawyer in Caldwell, Idaho. 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.