Litigation Lawyers in Spring Hill

A "tort" is defined in Spring Hill, Kansas as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.

In Spring Hill, Kansas, 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."

The law in Spring Hill, Kansas recognizes dozens of different torts. Some of them are fairly obscure, and don't come up often, and are largely relics of the common law. The torts that a person is most likely to deal with at some point in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.

Types of Torts in Spring Hill, Kansas

Negligence: Negligence is the most often-litigated tort in Spring Hill, Kansas'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 is another common tort litigated in Spring Hill, Kansas 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: The law in Spring Hill, Kansas defines battery as any harmful or offensive contact by one person, with the body of another person, without the consent of the victim. Any punch, kick, strike, or slap would clearly amount to battery, since it is harmful, unless it occurs in a context where the person being battered consented to it (a lawful boxing match, for example). However, conduct that doesn't cause any physical harm, but is "offensive," can also be considered battery. This most often comes up when one person initiates unwanted sexual contact with another.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress is also called IIED in Spring Hill, Kansas, and it was not recognized as a valid cause of action until fairly recently (for the longest time, physical harm was a requirement before someone could sue for tort damages). To hold a defendant liable for IIED, it must be shown that the defendant engaged in some type of outrageous conduct, targeted at the plaintiff. Furthermore, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Proving that actual emotional distress occurred is the most difficult element of this tort, and the plaintiff's word is far from sufficient. It often requires intensive examination by a psychiatrist, who will then testify as to the plaintiff's mental state.

How Can A Spring Hill, Kansas Tort Lawyer Help?

If you have been the victim of a tort in , Kansas, you have the right 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 experience in representing people in Spring Hill, Kansas 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.