Litigation Lawyers in Canton

A "tort" in Canton, South Dakota is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator.

In Canton, South Dakota, a tort is basically 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."

The law in Canton, South Dakota 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 Canton, South Dakota

Negligence: In Canton, South Dakota, negligence is the most commonly-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: Fraud is another common tort litigated in Canton, South Dakota courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Usually, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the thing being sold. If, in deciding to buy what the fraudster is selling, the victim relies on the false statements, the seller has committed fraud. The buyer can then sue the seller, to seek compensation for their losses. At the very least, they will usually receive the difference between the fair market value of the thing they bought, and what they paid for it.

Battery: Battery is defined by the law of Canton, South Dakota as any contact by one person, with the body of another, which is offensive or harmful. Any conduct that causes physical injury, pain, or emotional distress is battery. Also, you do not need to actually touch a person with your own body to commit battery - simply directing harmful contact (say, by throwing a rock) toward another person is sufficient to create liability for battery. Battery can also arise from "offensive" contact, which is essentially any physical contact that violates one's sense of personal dignity constitutes battery, and the victim could technically sue over it. However, in most cases like that, the plaintiff hasn't suffered any real harm, and will only be able to recover nominal damages, which would be far, far less than the cost of filing a lawsuit.

Intentional Infliction of Emotional Distress: Intentional infliction of emotional distress, also known as IIED, was not recognized in Canton, South Dakota as a valid tort until the early to mid 20th Century. However, since it became available as a cause of action, it has become one of the most common sources of civil litigation in the tort context. IIED is committed when a person engages in "outrageous" conduct towards another person, with actual intent of causing mental trauma or distress, and then actually causes the intended result. Physical injuries are not necessary to prove IIED, but if the emotional trauma is so severe that it causes physical symptoms (such as a heart attack, in the most extreme cases), the defendant will be liable for them, as well.

How Can A Canton, South Dakota Tort Lawyer Help?

If you think that someone might have committed a tort against you in Canton, South Dakota, you can sue the alleged wrongdoer to seek compensation for your injuries. And, of course, if you are being sued for a tort (or anything else), you are absolutely entitled to put up the best legal defense you can.

In either of those cases, you will almost certainly benefit from the counsel of a competent tort lawyer in Canton, South Dakota. In addition to improving your chances of winning your case, should it go to trial, a good 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.