Sioux Falls Tort Lawyers

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Litigation Lawyers in Sioux Falls

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

In Sioux Falls, South Dakota, a tort is essentially 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 Sioux Falls, South Dakota recognizes dozens of different torts. Some of them are fairly obscure, and don't come up frequently, and are largely relics of the common law. The torts that a person is most likely to deal with at some time in his or her life are negligence, fraud, battery, and intentional infliction of emotional distress.

Types of Torts in Sioux Falls, South Dakota

Negligence: Negligence is the most commonly-litigated tort in Sioux Falls, South Dakota's civil litigation system. Negligence occurs when somebody does not exercise the level of care that a "reasonable person" would exercise in a similar situation, and causes an injury as a direct result. As an example, most people know that running a stop sign at high speed is very careless, and no reasonable person would be expected to do such a thing. Doing so clearly falls below the ordinary standard of care. So, if a person runs a stop sign at high speed, and hits another car, causing injuries and property damage, they will be liable to the person they harmed for the cost of whatever harm they caused.

Fraud: Unlike negligence, fraud is an intentional tort. Like negligence, courts in Sioux Falls, South Dakota deal with it quite often. 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 occurs 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 situation, 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, especially of a sexual nature, is considered offensive by just about everyone, and would also be considered battery even if it causes no physical injuries. Sometimes, a doctor will operate on the wrong body part, which the patient did not consent to be operated on. And, sometimes, 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 Sioux Falls, South Dakota, and it was not identified 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. Additionally, it must be shown that this conduct directly caused severe emotional distress in the plaintiff, and that that was the defendant's intent. Showing 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 Sioux Falls, South Dakota Tort Lawyer Help?

If somebody has hurt you, either intentionally or negligently, in Sioux Falls, South Dakota, you might have a cause of action. On the other hand, if you find yourself in the unenviable situation of being sued for a tort, you have a right to defend yourself, and will likely want to, for evident reasons.

In either situation, a Sioux Falls, South Dakota tort lawyer will be able to advise you of your rights, and ensure that you have the best possible chance of prevailing in your case.

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Life in Sioux Falls

With a population of about 153,000, Sioux Falls is the largest city in South Dakota. Over the recent decades, Sioux Falls, South Dakota has become one of the most important centers for retail trade, health care, and financial services in the area. Sioux Falls was chartered in 1856 and is home to many large corporations such as Citigroup and Wells Fargo.

In addition to being a vital economic hub for the region, Sioux Falls South Dakota boasts a number of attractions and local events. Every year the city hosts arts culture events like the "Festival of Bands", "Jazz Fest", and an unique "Sculpture Walk" cataloguing the history and progress of the city.

Sioux Falls is also home to Empire Mall, the largest one-story shopping mall in the U.S. With its unique mix of economic growth and its thriving arts culture scene, many residents and visitors appreciate the mix of opportunities that Sioux Falls offers.

Lawyers in Sioux Falls, South Dakota practice law in wide range of legal fields to serve community needs. Many Sioux Falls lawyers contribute to civic and social activities through organizations like the State Bar of South Dakota.

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