A tort is a legal claim made with the purpose of recovering damages after an injury. Wisconsin law defines torts as a civil matter between two or more parties in which one party failed to fulfill its duties to the injured party. Tort law differs from criminal law in a few ways: first, tort law focuses on compensating the victim rather than punishing the wrongdoer. Criminal cases in Wisconsin take longer than tort cases to resolve because criminal law is much more complicated. On the other hand, torts are handled on an individual basis and benefit from the assistance of a Wisconsin attorney.
In order to meet Wisconsin’s classification of tort, the case must meet certain criteria. First, there must be a duty of responsibility from one party to the other. That duty must have been breached, causing damages which can be directly related back to the breach. Torts can be brought against individuals or businesses in Wisconsin; however, state law excludes certain government entities with a few exceptions. Wisconsin law defines three types of tort cases as recognized by state courts.
Negligent Tort
A tort of negligence happens when one party fails to exercise a reasonable standard of care, resulting in injuries or harm to another person or party. Negligent torts often occur unintentionally, but the result is the same as other tort cases: one or more parties suffers an injury due to the action or inaction of another party. Many types of cases can be classified as negligent torts according to Wisconsin law, including claims that are unintentionally false or misleading.
Intentional Tort
An intentional tort is an act done purposely that causes harm to the victim. By committing a willful act, the wrongdoer can have an intentional court case brought against them. While the act itself may not be intended to cause harm, the act must be done willfully in order to be considered intentional. Some examples of intentional torts recognized by Wisconsin law include trespassing, unfair competition, and misappropriation.
Absolute Liability Tort
Under absolute liability, a person can be held liable for any damages caused by their actions regardless of negligence or intention. The injured party isn’t required by Wisconsin law to prove either negligence or intention; instead, he or she can pursue compensation for any damages caused by the other party’s dangerous action or inaction. Absolute liability, also sometimes known as strict liability, typically applies to product liability cases like defective products.
How to File a Tort Claim in Wisconsin
If you believe you have a tort claim against another party, you need an experienced attorney who can handle your case. At Attolles Law, S.C., we have experience handling tort claims in Wisconsin courts. Our experience with Wisconsin tort law and business law means that our clients get well-rounded representation to seek a favorable ruling on their case. We help our clients seek justice for wrongs and injuries by building a successful case using our expertise and knowledge of the law, including seeking financial compensation for any damages. Do you want to discuss your potential claim with a Wisconsin tort law attorney? Contact Attolles Law, S.C. today to schedule your consultation.