Rome Tort Lawyers

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Litigation Lawyers in Rome

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

When a tort is committed in Rome, New York, thereby giving the victim the legal right to sue the person who allegedly harmed them, the victim's right to sue is recognized as a "cause of action."

The law in Rome, New York 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 Rome, New York

Negligence: In Rome, New York, negligence is the most often-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 example, 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 someone 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: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Rome, 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 commonly 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.

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: Also known as IIED in Rome, 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 win in an IIED lawsuit, the plaintiff has to show 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 show that the defendant really 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 Rome, New York Tort Lawyer Help?

If you have been the victim of a tort in , New York, 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 Rome, 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.

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Life in Rome

Rome, New York is a city in Oneida County. As of the 2000 Census, Rome's population was about 35,000 people.

Starting with the Revolutionary War, and continuing for many years thereafter, the city of Rome was referred to as "Fort Stanwix" - because that military installation was the only building in the area at the time. The town changed its name to "Rome" sometime in the 1800s, though the exact time of this name change, and the reasons for it, are unknown. It is presumed to be named after the modern Italian city of Rome, or perhaps the ancient empire of the same name.

Construction of the Erie Canal, which eventually connected the Atlantic Ocean with the Great lakes,began in Rome, and led to its industrial ascension, thanks to the Canal's role in the industrialization of America. Today, Rome is home to one of the last examples of an unique natural habitat: sand plains. The Rome Sand Plains are a mosaic of sand dunes, peat bogs, and hardwood forest, creating a huge amount of biodiversity. The sand plains are a major draw for tourists, especially nature enthusiasts.

If you live in Rome, New York, and find yourself facing a legal problem, a Rome, New York attorney can help. Rome, New York lawyers are ready to handle just about any legal issue you might be facing.

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