Torts For Dummies In Pennsylvania
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FAQ
Pennsylvania law states that full tort coverage gives the injury victim an unrestricted right to seek compensation for injuries from the at-fault driver.
Simply put, a tort is an action by one party which results in loss or harm to another party and is governed by civil, not criminal, law. There are three main categories of torts: intentional, negligent, and strict liability. Assault, battery, and fraud are common examples of intentional torts.
Four of them are personal: assault, battery, intentional infliction of emotional distress, and false imprisonment. The other three are trespass to chattels, trespass to property, and conversion.
Torts fall into three general categories: Intentional torts (e.g., intentionally hitting a person); Negligent torts (e.g., causing an accident by failing to obey traffic rules); and. Strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
This chapter addresses the four intentional torts, assault, battery, false imprisonment, and intentional infliction of emotional distress, that involve injury to persons—what some call the “dignitary” torts.
The Pennsylvania Tort Claims Act revokes sovereign immunity in enumerated instances of negligence. The law governing municipal liability in Pennsylvania is similar, making the government entity liable to the same extent a private person would be in those situations.
The Four Elements of a Tort The accused had a duty, in most personal injury cases, to act in a way that did not cause you to become injured. The accused committed a breach of that duty. An injury occurred to you. The breach of duty was the proximate cause of your injury.
Negligence is by far the most common type of tort. Unlike intentional torts, negligence cases do not involve deliberate actions. Negligence occurs when a person fails to act carefully enough and another person gets hurt as a result. For this type of case, a person must owe a duty to another person.
The more expensive full tort option places no restrictions whatsoever on the right to seek financial compensation for bodily injury. Limited tort, on the other hand, is less expensive. But by paying less for your premiums, you are limiting your right to monetary recovery for “serious” injuries only.