{"id":1418,"date":"2020-10-31T00:07:20","date_gmt":"2020-10-31T00:07:20","guid":{"rendered":"https:\/\/www.justinian.com\/?post_type=faqs&p=1418"},"modified":"2024-01-02T18:52:11","modified_gmt":"2024-01-03T00:52:11","slug":"what-is-a-tort","status":"publish","type":"faqs","link":"https:\/\/www.justinian.com\/es\/faqs\/que-es-un-agravio\/","title":{"rendered":"What is a Tort?"},"content":{"rendered":"\n

\u201cTort\u201d is a word from Latin, meaning an injustice. A tort<\/em> is a legal offense that one person (or company) commits against another.<\/p>\n\n\n\n

A tort is also described as a \u201cbreach\u201d of a \u201cduty\u201d owed to another person.<\/h2>\n\n\n\n

One of the most common torts is negligence<\/em>. Negligence is a legal term for carelessness. In general, people have a duty of care<\/em> (a legal requirement to be careful) if their behavior will impact other people.<\/p>\n\n\n\n

When a person or company does not take enough care, and someone else is injured as a result, the careless person or company may be guilty of negligence.<\/p>\n\n\n\n

Under Texas state law, the negligent person or company must pay for injuries and property damage caused by that negligence.<\/p>\n\n\n\n

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Duty of Care – Negligence and Dog Bites<\/h3>\n\n\n\n

For example, dog owners have a duty of care to make sure their dogs do not bite or attack people.<\/p>\n\n\n\n

There are steps a dog owner must take to meet this duty of care. An obvious one is keep the dog on a leash in public so it doesn\u2019t run up to people.<\/p>\n\n\n\n

Dog owners who let their dogs run around in public (except in designated dog park areas) might not be meeting the duty of care. If an unleashed dog attacks someone, the owner is probably responsible for injuries that the dog causes.<\/p>\n<\/div>\n\n\n\n

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Duty To Warn<\/h3>\n\n\n\n

Some dangers cannot always be avoided. When Texas city employees work on the sewer, they sometimes need to leave a manhole uncovered.<\/p>\n\n\n\n

Texas law recognizes this reality. But when something involves risk that cannot be avoided, the law requires that people be warned of the risk<\/em>. That way they are choosing<\/em> to expose themselves to risk knowingly<\/em>.<\/p>\n\n\n\n

This is known under tort law as the duty to warn<\/em>. A person or company whose behavior inherently imposes risk of injury on other people must warn<\/em> them of the danger.<\/p>\n<\/div>\n<\/div>\n\n\n\n

For example, pharmaceutical manufacturers have a duty to make sure the medicines they sell are not dangerous. They also have a duty to warn consumers if there are any negative side effects.<\/p>\n\n\n\n

If the pharmaceutical manufacturer violates those duties (by selling a dangerous drug, or by not warning consumers with a label), the manufacturer has committed a tort. Those harmed by the tort can often recover money from the company for injuries that the medicine caused.<\/p>\n\n\n\n

The Difference Between a Tort and a Crime<\/h2>\n\n\n\n

A tort is a legal violation of someone\u2019s rights under civil law. A crime is a legal violation of someone\u2019s rights under criminal law.<\/p>\n\n\n\n

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Torts<\/h3>\n\n\n\n