Litigation Lawyers in Monroe
A "tort" is specified in Monroe, Louisiana as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
In Monroe, Louisiana, a tort is essentially 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 Monroe, Louisiana recognize a very considerable 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 Monroe, Louisiana
Negligence: In Monroe, Louisiana, negligence is the most frequently-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 in Monroe, Louisiana is another fairly typical tort. It is a deliberate misrepresentation made for personal gain, at the expense of another. It normally 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.
Battery: The law in Monroe, Louisiana 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 precisely amount to battery, since it is harmful, unless it results 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 Monroe, Louisiana, and it was not identified 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. Moreover, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Establishing 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 Monroe, Louisiana Tort Lawyer Help?
If someone has committed a tort against in you Monroe, Louisiana, you have a legal option to seek compensation. Moreover, if someone has sued you, alleging that you committed a tort, you have a right to mount a legal defense.
In either situation, a Monroe, Louisiana 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.