What is Tort Law in California

Our law firm handles Tort cases such as car accidents, slip and falls, motorcycle accidents, truck accidents, dog bites, excessive us of force and more. For a free consultation, please contact us at 800-816-1529.

Californa Tort laws encompass all civil personal injury actions. Find out more below.

California’s Tort Statute

What is the law of torts?

Tort refers to a noncriminal (civil) wrong that is recognized as being actionable in court. Such wrongdoings cause injury or harm to the injured parties and are the basis for a claim by the injured party.

Under criminal law, the perpetrator is typically sentenced to prison. Generally, under tort law, the defendant must compensate the injured party.

Although some torts are also considered crimes punishable by imprisonment, the primary purpose of tort law is to compensate victims and deter others from committing the same offense.

Tort types in California

Torts fall into three broad categories:

• Deliberate torts
• Torts for negligence • Strict liability (an example of a strict liability tort is the manufacture of a defective product)

In tort law, as opposed to criminal law where charges are brought by the government, the person who has been harmed brings the charges.

Intentional torts are wrongs that the perpetrator should have known were wrong, whether they were committed through action or inaction. Negligent torts are wrongs in which the defendant knew or should have known that his or her actions or inactions were wrong, but did nothing to stop them. Strict liability torts occur when a particular action causes harm. Strict liability torts do not depend on the degree of carefulness of the defendant.

Tort law is either created by judges, in which case it is known as common law, or by legislatures, in which case it is known as statutory law.

California has tort laws that are distinct from federal law and the laws of other states. These consist of:

• California Tort Claims Act — This statute allows individuals to file lawsuits against governmental entities. The person who files a lawsuit against the government must typically provide written notice six months in advance if they intend to file a claim. • Medical Injury Compensation Reform Act — This law caps the amount of damages a person can collect for medical injuries. • “Reckless Misconduct” Provisions — This is a hybrid law between intentional acts and negligent acts. Recklessness is the deliberate disregard for the rights or safety of others.

Personal injury law in California encompasses a number of tort laws, including: • Injuries sustained in automobile or other vehicle accidents.

• harm caused by medical negligence.
• Damage caused by a faulty product or medication.
• Damage caused by the aggression of another individual. These scenarios may involve both civil and criminal liability.
• Damage caused by economic conditions. If a person has financially harmed another, the remedy is typically tort law.
• Injury caused by the inaction of another, such as a slip-and-fall accident resulting from the wrongdoer’s failure to repair a cracked sidewalk, which causes the victim to fall.

Contact a Personal Injury Lawyer in California

Please contact a personal injury attorney at the Law Office of Norman Gregory Fernandez & Associates today for more information about California tort law or to schedule a consultation to discuss a potential claim. Call us at 800-816-1529.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1.

You may download our California Accident App for iTunes and Android by going to our California Accident App page by clicking here. The app will enable you to record all information related to your California Tort claim and transmit it to our office.