What is a tort?

A tort is a civil wrong that causes harm and allows a lawsuit.

Where the word "Tort" comes from

Tort comes from the Latin tortus, twisted or wrong. The law of torts covers injuries caused by negligence, intentional acts, and defective products, and it developed through common law to provide compensation for harm without a contract between the parties.

Why Tort matters

It is how people recover for injuries caused by others, from car accidents to defamation to dangerous products. Tort liability also deters careless and harmful conduct by making wrongdoers pay.

Common confusion about Tort

A tort is different from a crime. A crime is prosecuted by the state and punished by fines or prison; a tort is pursued by the injured person and remedied by damages, so the same conduct, such as a drunk-driving accident, can produce both a criminal case and a tort suit.

A real-world example of Tort

A dog bites a neighbor, who sues the owner for negligence. The bite is a tort, and the neighbor seeks medical costs and pain and suffering, while the city may separately prosecute the owner for the same incident.

A worked example of Tort

A manufacturer sells a blender with a defective motor that catches fire, burning a customer. The customer sues in tort for negligence and strict product liability, recovering medical bills and property damage without needing any contract with the manufacturer. If the customer had instead sued because the blender was delivered late, that claim would sound in contract, not tort, which shows how the nature of the harm separates the two bodies of law.

How Tort works in practice

If you are injured, identify who owed you a duty and how they breached it, because that is the core of a tort claim. Preserve evidence and document your damages, and act before the statute of limitations runs. If you face a tort claim, notify your insurer immediately, since liability policies typically cover the defense and judgment. Tort claims also interact with contracts, because a breach of contract that also injures a person may support a tort claim for negligence, while a purely economic loss from a broken promise generally stays in contract, so the nature of the harm determines the theory.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.