Litigation Lawyers in Owosso
A "tort" is defined in Owosso, Michigan as a legal wrong, not criminal in nature, for which the law provides compensation to the victim.
When a tort is committed in Owosso, Michigan, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is identified as a "cause of action."
The law in Owosso, Michigan 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 Owosso, Michigan
Negligence: In Owosso, Michigan, negligence is, far and away, the most prevalent tort that the civil litigation system has to deal with. Negligence is a failure to exercise the level of caution that's necessary in a given situation, and causing harm (physical injury or property damage) as a direct result of this failure. An obvious example is drunk driving. If a person is drunk behind the wheel, and causes an accident, they are clearly going to be required to compensate the victim for whatever harm they cause, since driving while intoxicated is extremely careless, and everybody should know this. Of course, there are many other situations, most of them far less apparent, where negligence can occur.
Fraud: In Owosso, Michigan, fraud is a fairly prevalent tort that the local court system has to deal with, though it may not be quite as prevalent as negligence. To put it in the simplest terms possible, fraud is a deliberate lie that causes tangible harm (such as financial loss) to the person to whom the lie is told. Fraud is committed in a wide variety of contexts, but it most often occurs when someone is trying to sell a product for more than it's worth. They might lie to a prospective buyer about the product's quality or value. If the buyer relies on this misrepresentation when deciding to buy the product, they are the victim of fraud, and have a right to sue the seller for their financial losses, and possibly recover punitive damages.
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, particularly of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Occasionally, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, occasionally, 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 is also called IIED in Owosso, Michigan, 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. 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 Owosso, Michigan Tort Lawyer Help?
If you believe that you've been the victim of a tort in Owosso, Michigan, you have a right to go to court and attempt to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren't responsible, you have every right to defend yourself in court.
In either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Owosso, Michigan. In addition to improving your chances of winning your case, should it go to trial, a knowledgeable 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.