Litigation Lawyers in Fairport

In Fairport, New York, a "tort" is any wrongful act, besides a breach of contract or a crime, that the legal system can remedy.

In Fairport, New York, when a tort is committed, and the victim of the tort is vested with a right to sue the person who committed the tort, they are said to have a "cause of action."

Statutes and appellate court rulings in Fairport, New York recognize a very considerable number of different torts. However, most of these torts are largely relics of history, and are no longer litigated very often, 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 Fairport, New York

Negligence: This is by far the tort that is most frequently dealt with in the courts of Fairport, New York. Put simply, negligence is a failure to exercise a reasonable amount of care, and causing harm to someone as a result. For instance, driving 30 miles per hour over the speed limit is obviously very careless. So, if you are driving that fast, and your speed causes you to get into an accident that harms someone else (either their body or their property), you have committed negligence, and will be required to compensate the victim for the harm that you caused. You should know, however, that this is just an noticeable example, and there are a practically infinite number of situations in which a negligence lawsuit can arise.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Fairport, New York deal with it quite frequently. Put simply, fraud is a lie told for personal gain. It requires an affirmative misrepresentation, which the speaker knows to be false, intended to induce the victim to render some benefit to the speaker, which causes actual harm (such as financial loss) to the victim. It happens most frequently when somebody is trying to sell something for more than it's worth, and lies about the nature or value of the product to the buyer. If the buyer relies on the seller's false statements of fact in making the decision to buy the product, the seller has committed fraud. In such a case, the buyer is legally entitled to compensation for the harm suffered as a result of the fraud.

Battery: Battery in Fairport, New York is defined as any harmful or offensive contact with the person of another, without the victim's consent. Punching someone in the face would qualify as battery, as would virtually any unwanted physical contact, particularly of a sexual nature. It can also occur when a doctor operates on a body part without the patient's consent.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, or IIED, is a relatively new tort in Fairport, New York. It is committed when someone deliberately causes emotional distress or trauma to another person by engaging in outrageous conduct, with the intent of causing such distress. Note that the defendant does not need to cause physical injuries to the plaintiff to be liable for IIED, but the plaintiff does have to produce evidence that they suffered emotional distress. This evidence typically comes in the form of a report from a psychiatrist who evaluated the plaintiff's mental condition.

How Can A Fairport, New York Tort Lawyer Help?

If you believe that you've been the victim of a tort in Fairport, New York, 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 Fairport, New York. 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.