What Are Business Torts?
Bloodworth Law clients oftentimes ask what are business torts.
A tort is a body of civil law applied by courts in civil lawsuit actions brought by a plaintiff (the person against whom a wrong is committed), against a defendant.
There are three elements that must be present to bring a business civil action, a business tort, against an alleged offending or negligent party:
- Plaintiff must prove the defendant had a duty to act in an expected manner in accordance with law or normal circumstance
- Plaintiff shows that the defendant breached this by acting in another way
- Plaintiff has to prove loss, injury, suffering, harm, damage
In business tort law, a plaintiff may state that an action taken by a company/brand/group was intentional and inflicted harm that caused suffering by a plaintiff.
Tort lawsuits, lawsuits, in general, may be filed when a plaintiff feels that or can show that harm occurred, identify that a law was broken, and that a party is identified for causing damages.
Examples of Business Torts
Here are some examples of business torts for a basic understanding. Business torts are vast and cover lawsuits between parties over business, regarding businesses.
Tort law provides businesses and individuals with a civil legal remedy for a range of actions including deceptive or unfair trade acts causing a competitor financial ruin.
For example, a company skirts state environmental regulations that protected citizens from being harmed by water pollution. The company did so to cut costs to save the business from ruin. The negligence causes a class-action lawsuit against the company by an entire city.
A small bakery failed to warn consumers that cakes were prepared in a kitchen where nuts were present. A warning was not placed on cake boxes or in stores. A consumer, allergic to nuts, goes into a coma induced by nuts consumed in the cake.
Tort Law Remedy
Tort law seeks to vindicate civil legal rights owed by businesses, corporations, or individuals to others. Tort law remedy seeks to:
- Compensate injured parties
- Identify & assess damages
- Prevent future harm—accidental or intentional
- Assert legal rights
Attorney L. Reed Bloodworth is Founder and CEO of Bloodworth Law in Orlando and Winter Haven. If your business is facing a civil action or a legal dispute talk with the Business Litigation Team for support and direction.Consider sharing this post