Litigation Lawyers in Kaser

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

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

Statutes and appellate court rulings in Kaser, 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 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 Kaser, New York

Negligence: In Kaser, New York, 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 particular 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 very careless, and everybody should know this. Of course, there are many other cases, most of them far less apparent, where negligence can occur.

Fraud: Fraud is an intentional tort, unlike negligence. It is also dealt with fairly frequently by courts in Kaser, New York. Fraud is a lie that one person tells to another, with the intent to harm the other person, typically by inducing them to give money or property to the person committing the fraud. Fraud can occur in a wide number of different contexts. For instance, suppose a jeweler tries to sell a fake diamond to a customer, by passing it off as the real thing. If the customer believes the jeweler's lie, and bases his buying decision on it, the jeweler has committed fraud. If the customer discovers this fraud, he will be able to sue the jeweler, and recover, at the very least, the difference between the value of the fake diamond, and what he paid for it.

Battery: Battery in Kaser, 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 basically 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: Also known as IIED in Kaser, New York, intentional infliction of emotional distress is a fairly new cause of action, having not been recognized until the 20th century. In order to succeed in an IIED lawsuit, the plaintiff has to establish that the defendant engaged in some kind of "outrageous" conduct, which was severe enough to "shock the conscience" of a reasonable person. They must also prove that the defendant directly intended to cause emotional distress, and did, in fact, cause severe emotional distress. Proving that the plaintiff suffered trauma or distress as a result of the defendant's conduct is not as easy as it may sound, and usually requires the testimony of a psychiatric professional who has examined the plaintiff.

How Can A Kaser, New York Tort Lawyer Help?

If you believe that you've been the victim of a tort in Kaser, New York, you have a right to go to court and try 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.

Whatever your situation, a tort lawyer who has expertise in representing people in Kaser, New York 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.