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How to Classify a Tort

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Instructions

1

Decide whether a reasonable person would know that her actions or failure to act would result in harm. If so, the tort is classified as intentional. For example, if a person assaults someone, it is reasonable to assume that injury would result. In this case, it would also be a criminal offense.
2

Be objective when thinking through an injury sustained by what appears to be an accident. While it is possible that an accident could be considered an intentional tort, it is more likely that it would be classified as a negligent tort. For example, the defendant is backing out of a parking place and hits you, causing injury.
3

Determine if the wrong was caused by a product. If so, the classification of tort would be strict liability. In this case, it doesn't matter whether it was intentional. For example, a person is injured in a vehicle due to a manufacturing defect. With this tort, the line of defendants can become extensive because it includes all companies involved in the manufacturing of the product (See resources).
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