How many times have you heard a legal term that left you scratching your head in confusion? I’m sure that’s most of us. Without practicing law for a living, most of us are unfamiliar with legal jargon. Without the proper knowledge of law terms, we might be facing a potential legal issue daily and be completely unaware of it.

For example, most of us may have faced a tort throughout our life and not realized. You might ask- What is a tort? What are some torts I might have faced without realizing it? Well, we are here to define it for you and provide you with examples.

Defining Tort

Merriam-Webster defines a tort as: A wrongful act other than a breach of contract for which relief may be obtained in the form of damages or an injunction. This is the definition of tort at its most basic. What is a tort?, as defined on lawyer Scott J. Senft’s website is: Torts are acts, or failures to act, that interfere with somebody’s freedom to enjoy their personal and property rights. It is a form of personal injury, spanning across many legal situations.

Torts fall under three types: Intentional, negligence, and strict liability. Let’s take a brief look at each before diving into examples of each.

Intentional

An intentional tort case happens when an individual knowingly and intentionally engages in an action that causes damage or injury to someone else.

Negligenc

This is the most common type of tort. Negligence cases are also intentional, but are caused because an individual acts carelessly. This results in an injured person or a worse outcome.

Strict Liability

Also known as an absolute liability. This is a case where responsibility may be placed on someone without fault or proof of negligence.

Examples of Intentional Torts

Assault

Assault is an attempted battery- hitting or touching someone in an offensive manner- or threatening injury without battery taking place.

Example- Someone pointing a gun at you, causing fear of immediate danger and death, could be claimed as assault.

Battery

Battery is the legal term for physically assaulting someone, or touching them sexually. This covers a wide range of activities, including sending a projectile into someone’s body- as in firing a gun or other weapon that emits projectiles. Battery is also used for criminal charges of a similar act, which are often charged alongside assault.

Example- A bank robber shooting a security guard during a bank robbery.

Conversion

When someone takes another person’s property and “converts” it to their own. In simpler terms- It’s theft.

Example- Using a stolen credit card to buy a new car.

Defamation

This is when someone knowingly spreads false information about someone else that causes harm. This includes both written and spoken words.

Example- Accusing somebody of rape when sex was consensual.

False imprisonment

The technical definition is “confinement without legal authority.” Except in the cases of police detaining a person who they reasonably suspect of a crime, or a shopkeeper keeping a suspected shoplifter for a reasonable time frame, nobody is allowed to restrict another person’s movement against his or her will.

Example- Police detaining someone who clearly doesn’t match the description of a suspect.

Fraud

Fraud is the legal term for providing false information to another person. In order for a successful suit against fraud, plaintiffs have to prove that the defendant knew that what he or she provided were false statements, causing the plaintiff to believe them and rely on that information, causing harm to the plaintiff relying on that information. Fraud can also be charged as a crime.

Example- The Billionaire Boys Club Ponzi scheme that happened in Los Angeles during the early 1980s.

Intentional Infliction of Emotional Distress

These are some of the hardest claims to prove in court. In order to prove a claim of intentional infliction of emotional distress, the plaintiff must prove that someone engaged in extreme or outrageous conduct, with the intent of frightening another person, causing severe bodily harm or emotional distress.

Example- The defendant played a practical joke on the plaintiff, falsely telling the plaintiff that a loved one was injured in an accident and is in the hospital with a life-threatening injury. The plaintiff experiences severe emotional distress at the news, leading to the plaintiff having a nervous shock and becoming ill. The defendant is subject to liability to the plaintiff for causing her illness.

Trespassing (Land & Property)

Trespassing comes in two forms: trespass to land and trespass to personal property. Both mean to use a property without the owner’s permission.

Example- Hoping a neighbor’s fence to use their pool while they’re away on vacation.

Examples of Negligence Torts

Criminal Negligence

When a person falls short of fulfilling an obligation or breaches their legal obligation, this is considered negligence. In some cases, this negligence can be considered criminal. The law on criminal negligence is different in each state, with some sending the person charged to jail.

Example- A nurse, doctor, or another hospital caregiver who isn’t paying attention and administers the wrong medication to the wrong patient, resulting in their death could be charged with criminal negligence.

Civil Negligence

When someone is careless or negligent in a way that causes someone else to be harmed, the victim can sue. The term for this civil liability or civil negligence.

Example- A janitor who mops the floor and doesn’t put up the “Wet Floor” sign could be considered negligent.

Examples of Strict Liability Torts

Product Liability

Example- The manufacturer releases a new swing set that they know has a faulty chain holding up the swings. You buy it for your child and they’re swinging on it when the chain snaps, causing them to fall hard and break their arm. You can hold the company liable for your child’s injury.

If a consumer is injured, becomes ill, or dies as a result of a defective product, this falls under strict liability. In these cases, the company is always held liable.

Animal Liability

This falls under a wide category as they include domesticated and wild animals. The law acknowledges the difference between a domesticated animal and a wild animal. For this reason, there are different categories of animals who are subject to strict liability: Livestock, all dogs, dangerous animals, and wild animals.

Livestock

Livestock refers to any animal that is kept as an asset, not as a pet. The owner of the livestock is liable for any damages or physical harm caused by the animal’s intrusion on another person’s property.

Example- A passing car hits a herd of sheep that escaped through a broken fence and wandered onto the road.

Dogs in General

Dogs intersect the categories of livestock and dangerous animals. Though dogs have been domesticated for thousands of years, they are still capable of causing serious damage or injury just as any other animal. If someone has a dog that is known to be a danger, it falls under the category of dangerous animals for strict liability purposes. Under the livestock category, a non-dangerous dog has caused some type of damage or injury that the owner might not be at fault for. Most states law only hold dog owners responsible if their dog bites someone.

Example of a dangerous animal- A dog that is well-known for being dangerous is allowed unleashed onto a front porch and attacks a mother and child walking by the porch.

Example for livestock animal- An excited dog and friendly dog jumps up to greet a visitor and startles them, causing them to step back quickly and fall.

Dangerous Animals

This category refers to any animal or pet that the owner knows is dangerous or has violent tendencies. If there are any damages or injuries caused by the animal, the owner can be strictly liable, even if their animal is not at fault. Any animal can fall under this category as animals and situations are case by case.

Example- An anti-social parrot that has a history of attacking visitors with sharp and potentially deadly claws.

Wild Animals

In the eyes of a law, a wild animal is defined as an animal that isn’t commonly domesticated, despite how long it’s been in a captive environment. The person in possession of this wild animal is liable for any harm done to another person or their property, even if the owner has taken every measure to make sure the animal causes no harm. This list of animals includes, but isn’t limited to: Badgers, bears, coyotes, elephants, lions, monkeys, rattlesnakes, and tigers.

Example- Your pet bear decides to go for a swim in the neighbor’s pool, damaging their landscaping and lawn furniture in the process.

The list of torts includes more situations not listed above as it is a very wide category. If you have been a victim of any of the above-mentioned torts, contact Scott J. Senft for legal advice today! He has experience with many of the torts mentioned above and many more!

Learn to Reduce Your Risk of  Injuries at Work

Accidents and work-related injuries happen. As much as we try to avoid them, that isn’t always possible. It’s easy to break our toes on the side of a table or bed, or burn our fingers while cooking. We can’t avoid injury completely, but we can work to reduce our risk of getting injured. Always remember if you injured after calling 911, you should always call a personal injury attorney.

This is especially important when we’re in the workplace. Though some jobs are more dangerous than others, every job has an occupational hazard of some kind. And with workplace injuries being costly to both the employee and the employer, avoiding them is beneficial to both parties. Injury is unavoidable, but we can work to avoid them from happening at work. So here are some ways to help reduce risks of any injuries at work occuring. 

Want to learn more about safety requirements on the job in Florida, visit Health and safety in Florida 

Tips for the Employer

As the employer, work safety and injury prevention starts with you. As the one in charge, it is your responsibility to ensure that each employee is properly trained, has the proper protective equipment needed for their position and that all machinery is working optimally. If just one of these components isn’t up to par, then the other components won’t function as well. As an employer, you should always hire an attorney if you have any doubt or questions. 

So as the employer, here are some ways to help your employees minimize any injuries at work.

There is no need to get injured in the workplace, but accidents do happen   When these accidents occur contact The Law Offices of Scott J Senft, the best personal injury attorney  in all of South Florida

1. Proper training: Especially in jobs that require the use of heavy and dangerous machinery, it is important to ensure that each employee is properly trained in each machine. Knowing how to properly operate a piece of equipment could be the difference-maker in preventing machine-related injuries at work.
2. Proper Equipment & Safety Gear: In dangerous jobs like construction, having the right tools and gear can help prevent workplace injuries. If you’re working in construction, make sure every employee has a hard hat, bright-colored vest, safety glasses, and any other protective equipment they need to stay safe. Keep extras of everything in sight for the client who comes through to inspect your work or for the employee who might have forgotten a piece of gear one day. Having extra gear on hand can potentially save you hundreds of dollars in workman’s compensation.
3. Reinforce Safety Rules: It’s really easy to get lax with safety regulations if no injuries have occurred on the job. So if someone isn’t wearing their safety gear one day, you might overlook it. But by overlooking it that one time, it could become a common practice among your employees, which could then lead to them disregarding safety rules altogether. If that happens and a worker is injured on the job, they can file a claim against you for workplace negligence. This can lead to many repercussions, all of which could have been avoided had the rules been followed from the start!
4. Hiring & Position Placement: There are times where you might be short-staffed and need to hire new employees as quickly as possible. During this frantic time, it’s easy to overlook a few details when hiring someone, but doing that could lead to injured workers. If the position requires a certain physique or the ability to lift at least 50lbs, hiring someone who doesn’t meet those requirements could lead to them eventually being injured. Not having enough employees is a difficult situation to be in, but you face that possibility again if you hire someone who is not right for the job.
5. Refresher Courses: When an employee has been working at the company for a long time, they are likely to forget rules and regulations that aren’t an everyday concern. By having a refresher course covering everything, your employees will have everything fresh in their minds, preventing injury from occurring. Depending on how your work year is set up, you can try to do this course every quarter or every six months.

Tips for the Employee

As an employee, work safety should be a high priority for you. Your safety and the safety of your customers should be a task on your everyday to-do list for work. Though it is the responsibility of the employer to make sure you’re probably trained and properly equipped, it is your responsibility to report anything that isn’t working properly or up to code. It also your job to report if any other employees aren’t following procedure or are engaging in dangerous conduct to help reduce any injuries at work.

So as the employee, here are some ways to help your fellow co-workers and customers avoid injury. Let’s help both employees and employees learn how to reduce the risk of injuries while at work.

1. Easily visible signs: When stores are having giant sales, they have bright signs with a bold font in easily visible places. They do this so potential customers will walk by, see the sign, and then come into the store to make a purchase. Doing the same thing for potential hazards such as remodeling construction, bare wires or a wet floor can help prevent injuries.
2. Keep an Eye Out for Potential Hazards: If you work in a busy and fast-paced environment, it’s not easy to keep an eye on the entire store. This means you might potentially miss out on an apple juice spill from a tantrum-throwing toddler, a tethering stack of boxes, or another potential hazard. If you work in retail and you’re out on the floor helping customers, keep an eye out for those hazards and take care of them as quickly as possible. If need be, put up a temporary sign to block off an area until the issue is resolved.
3. Keep Your Workspace in Order: Having a tidy workspace can make a huge difference. By having a clean workspace you avoid accidentally slicing your hand open on a sharp tool or knocking over something that might fall on your foot, arm, or someone else. By taking a few minutes to put things in order, you are preventing a bigger and potentially costly mess from happening.
4. Be Mindful of Your Health: If you’re a hard worker or someone who really loves their job, it’s easy to overlook any small aches or pains you might experience, or ignore a runny nose and a cough. Coming to work with an injury or illness can cause bigger problems down the road. An injured or ill employee won’t be working at their optimal level, meaning details will get overlooked, rules won’t be followed as closely, and other issues will arise. So if you’re not feeling well, take a sick day. If you’re experiencing pain, make an appointment with your doctor to discover the cause. By taking a day or two to focus on your health, you avoid aggravating an injury to a point where you can’t work for a while and you avoid becoming sicker and making your co-workers sick as well.
5. Be Mindful of Your Actions: As you get to know your co-workers, a friendly rapport will start to build. This will lead to conversation, a few inside jokes, and maybe even a practical joke or two. While having fun at work can help keep morale up, especially during stressful times, it all needs to be done thoughtfully. You can joke with your fellow co-workers, but keep it verbal and don’t start playfully pushing or punching either other, especially in dangerous and high traffic areas. If you see a puddle of water on the floor, don’t try to be clever and slide through it to make a coworker laugh. Always use your best judgment before acting.

Job injuries happen, there really is no way to fully avoid them. But by lowering the risks of serious injuries that result in needing to file a worker’s compensation claim and needing time to recover, you can make your job a safer place for everyone.No one wants to have to call a law firm, but we are here just in case. Our law firm focuses on personal injury auto accident cases, but check out some of the other services we off to our clients in South Florida

If you have been a victim of a work-related injury, you may want to contact a lawyer. If your injury was due to negligence or your employer asking you to engage in a dangerous task you are not trained for, you may also have a personal injury claim you can make. If you are in need of legal advice and representation, then contact Scott Senft today!

Check out our blog articles for more information on a variety of topics :

The thought of getting injured or dying haunts everyone, especially when you have a family to think about. Injuries and death lead to medical and funeral expenses, both of which can be costly without the aid of medical and life insurance. And when you think about the emotional turmoil these injuries can cause your loved ones, it’s heartbreaking.

But if you or a loved one has been a victim of a personal injury or wrongful death, you are most likely entitled to some monetary compensation. Though the money cannot bring back your health or loved one, it can help make some of the financial burdens easier to handle. But if the case of filing a claim in the event of a death caused by an injury, how do you know which claim is the right one to file? Keep reading to find out!

What is a Wrongful Death?

According to Florida’s Wrongful Death Statute (786.16-786.26), wrongful death is a death caused by another’s intentional, reckless or negligent conduct. A wrongful death claim is a civil claim brought on behalf of someone who died as a result of such conduct.

This Florida Law allows for the financial burden to be placed on the person(s) responsible for the death of the family’s loved one and not on the grieving family.  During all wrongful death cases in Florida, there will be a specific time of death which the personal injury attorney will use during their investigation to help you and your family get the compensation that you deserve after such a horrible tragedy.

When Can a Wrongful Death Claim be Filed?

There are many situations in which a wrongful death claim can be filed. These claims are most commonly filed against hospitals, companies, and other parties whose negligent conduct resulted in your loved one’s death. Sometimes these claims can even be filed against an individual(s) whose misconduct resulted in a death.

Here are some situations where a wrongful death case and claim may be opened:

Car accident fatalities involving negligence- If a family member dies from car accident injuries, a wrongful death claim may be brought against the individual who caused the accident. These are most common with drivers operating a motor vehicle while under the influence.

Medical malpractice that results in death- If a doctor or hospital improperly diagnosed a condition or was negligent in the level of care needed, then the family may bring a wrongful death action against the doctor or hospital.

Intentional death of the victim- The OJ Simpson case is an example of this.

What is a Personal Injury?

A personal injury is caused when someone suffers harm from an accident or injury, and another person is legally responsible for that harm. Some examples of potential personal injuries are:

• Assault
• Car accidents and collisions
• Road traffic accidents
• Slip and fall accidents
• Truck accidents
• Motorcycle accidents

When Can a Personal Injury Claim be Filed?

Deciding to file a personal injury claim isn’t as easy as deciding to file a wrongful death claim. For one thing, there are a lot more factors to consider when pursuing a personal injury case. Some factors to consider are the levels of pain and suffering and how many punitive damages there are in any South Florida accident case. You have to first figure out whether you’re covered by your insurance company’s policy or the insurance policy of the person responsible for your injuries. If you aren’t, then you may decide to proceed to the next step- engaging an attorney. Depending on where you live and where the accident occurred you will want to obtain personal representation from a South Florida personal injury attorney like Scott J Senft.

An attorney will be able to discuss your case with you to see if you have one. Talking with a personal injury lawyer allows you to discuss the merits of your case and have your legal options outlined. Initial consultations with most personal injury attorneys or lawyers are free, meaning you don’t have to worry about a fee until you hire them. Every attorney is different, so do some research on attorneys in your area before consulting with one.

Then, finally, you have to decide whether it’s worth it to file a lawsuit or not. There are several ways to go about this, so if you decide to go through with it, discuss which option is the best with your attorney or lawyer. During this process, keep in mind the statute of limitations for personal injuries in your state. With a set amount of time in a place to file a lawsuit, it’s crucial you abide it and understand your time frame.

I am located in South Florida and I have been involved in an auto accident?

Miami, Fort Lauderdale, Hollywood, Broward County, and Palm Beach County are known to have some of the highest injury statistics after an auto accident.  Without the representation of a top South Florida accident attorney, it is likely that any personal injury case will not be successful.  Do not make the mistake of trying to represent yourself after an auto accident or other injuries such as a slip and fall.

How Are These Two Similar?

The biggest similarity between the two is that they heavily impact the lives of the victim and their loved ones. Personal injuries and wrongful deaths are costly in several ways. With the physical and emotional health of all parties being compromised, it can put a huge strain on a person and their loved ones. Then, with the expense of medical bills and possibly even a funeral, it becomes a huge emotional strain as well. One can lead to the other, meaning these two are closely linked.

The most important thing to remember before pursuing a wrongful death lawsuit or a personal injury lawsuit is that you need solid evidence to back up your claim. The stronger your evidence, the more likely you are to win your case.

So if you believe you or someone you love has a case, call Scott Senft at 877-291-4878 and get your free personal injury consultation today.