In the previous article we began a discussion about “tort” law. What is tort? The word has a Latin origin and simply means a violation of a legal duty owed by one to another that arises by operation of law. Stated another way, a tort implicates responsibility for one’s conduct or actions that cause harm to another. There are so many variations of actions constituting a tort that any attempt to list them would be impossible. However, the two main categories primarily consist of actions that can be characterized as resulting from intentional conduct or negligent conduct.
Intentional conduct is essentially defined by our courts to mean an act where the individual consciously desired the physical result of his act, whatever the likelihood of that result; or the individual knew that the result was substantially certain to follow from his conduct, whatever his desire may be as to that result. To meet the standard of “substantially certain,” more than a reasonable probability that an injury will occur is required – essentially inevitable or virtually sure. A battery upon another is an example of an intentional act.
Negligent conduct, on the other hand, essentially covers a broad spectrum of conduct that does not rise to the level of being intentional conduct but is perhaps the broadest of the categories of torts. Negligent conduct is defined as conduct that falls below the standard established by law for the protection of others against an unreasonable risk of harm. Ordinarily, the determination of whether negligence exists in a particular instance is a question of fact, and there is no fixed rule for determining whether something presents an unreasonable risk of harm. Auto accidents, malpractice and offshore accidents are examples involving negligent conduct.
Cle’ Simon
For more than 75 years the Simon family has carried on a family tradition of restoring lives in local communities and throughout the stat of Louisiana. At Simon Law Offices, I have proudly embraced this tradition and strive every day to continue the legacy. Simon Law Offices are Cajun Strong and restoring lives throughout Louisiana, one client at a time.
