What are incidental torts?

What are incidental torts?

Incidental torts involve behavior where one party carelessly causes an accident or injury. In general, these types of lawsuits, also known as negligence claims, relate to incidents where one party owes a duty of care to another, fails to meet that duty, and the failure causes a tangible harm.

Types of incidental torts include:

  • Vehicle crashes;
  • Pedestrian accidents;
  • Slip and fall claims;
  • Workplace injuries;
  • Cruise ship accidents;
  • Dog bites.

Tort law is different from criminal law in that torts may result from negligence but not criminal actions, and that tort lawsuits have a lower burden of proof on the plaintiff.

Most incidental tort cases require the plaintiff to prove fault, which can be a real legal challenge. Be cautious of launching a claim without the assistance of an experienced personal injury attorney.