TL - Remedies for Tortious Conduct (Lesson)

Remedies for Tortious Conduct

Introduction

For those who find themselves in a situation where they are victim of a tort, there are several remedies to support the costs of the injuries or harm caused to the victim. As a result of the wrongdoing, the injured person may take civil action against the other party to recoup compensation for pain, suffering, medical bills and expenses, etc. that incurred as a result of the injury or harm. In this microlesson, we will look briefly at the remedies available for tortious conduct.

Remedies for Tortious Conduct

Torts can take place in several ways. Torts can be intentional or unintentional. Torts can be the result of negligence, strict liability such as through result of a hazardous situation, or a result of product liability such as an injury resulting from a faulty product. Torts are civil actions including private parties so punishment does not include a fine or imprisonment as in a criminal case.

Tort law is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongdoings of others. If the elements of a tort are established through the proceedings process, the court will generally impose some sort of remedy on behalf of the plaintiff. Remedies for the plaintiff in a tort case may include money damages and injunctions or possibly a combination of remedies.

Review the presentation below for more specific information on remedies of tortious conduct:

Let's Review!

Take a moment to participate in the following activity to practice your understanding of the topics in this module.  Reach out to your instructor if you have any questions.

Final Thoughts

Tort law is to protect those who are injured or harmed through a tortious act of another. The injured person must establish proof of certain elements in order to be able to receive a remedy for the costs associated with the injury or harm. The injured party must show: that the defendant owed a duty of care; that the defendant, or one who caused the injury, breached the duty of care; proximate cause that the breach caused the injury; and the plaintiff must prove that he/she suffered injury or loss as a direct result of the defendant’s breach. If these elements exist and can be proven, the plaintiff, or injured party, will be able to receive a remedy for the injury received. The remedy can be in the form of monetary damages, an injunction ceasing a tortious behavior from continuing to take place, or a combination of more than one remedy.

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