Torts are wrongful acts by one party against an individual or business. Wisconsin has tort laws in place to protect entities from harmful acts and gives them an avenue to pursue compensation for any damages. Tort differs from criminal law in that it focuses more on compensation for the victim than punishment for the perpetrator. In other words, torts include most civil lawsuits such as defamation, negligence, assault, and many others. Tort laws in Wisconsin can apply to both individuals and businesses in the state.
Tort Categories
Regardless of intention, an individual or business can still cause damage to another entity. There are three types of tort: intentional torts, negligent torts, and strict liability torts. Intentional torts include acts done on purpose including assault, theft, or causing emotional distress. A negligent tort occurs when an act – or lack of taking action – causes the damages, like failing to stop at a stop sign. Finally, strict liability torts only apply in cases where it’s decided that it doesn’t matter the intention of the harmful party. Whether or not the individual intended harm, he or she will still be held liable for compensation to the damaged party.
By Wisconsin law, a tort consists of four elements: a duty or responsibility, a breach of duty, injuries or damages, and proof that the breach caused the damages.
- Duty – One party owes the other a duty of care or responsibility
- Breach of Duty – There was a breach of the duty of care
- Cause – The breach of duty was the cause of the damages or injuries
- Damages – There was a loss or damages caused by the breach including bodily harm, lost revenue, or damaged reputation
Examples of Business Torts
Torts are a constant concern in the business world. Being involved in a tort case can cause a lot of damage like loss of income and damage to the reputation of the business. Business law covers a wide range of torts, including some common examples below.
Breach of Fiduciary Duty
A breach of fiduciary duty is a common type of business tort. Breach of fiduciary duty occurs when one party fails to perform its duties to another party by acting in its best interest; for example, misrepresenting company funds would be a breach of fiduciary duty.
Fraud
If you do business with another company that intentionally misrepresents itself, you may be able to pursue a tort claim against them. Fraud occurs when the other party makes false claims or lies, causing you to incur damages.
Unfair Competition
When a competing business uses deceptive tactics to gain an advantage, they may be guilty of creating unfair competition. You can seek compensation for any damages caused by their practices.
Business Tort Lawyers in Wisconsin
If you’re curious about how to pursue a business tort case, you probably want to discuss your potential case with an expert who can help you explore your legal options. The business law attorneys at Atolles Law, S.C. are ready to answer all your questions. We understand the seriousness of business tort situations and the impact it can have on your life and business. Contact us today to go over the details of your case and learn more about what you can do to achieve the outcome you’re looking for.