A “tort” is basically any legally-recognized harm for which the victim is legally entitled to pursue compensation from the perpetrator. Negligence is by far the most prevalent tort that results in litigation. Negligence is a failure to exercise the amount of care appropriate for a given situation, and causing harm to someone else as a result of this carelessness. A common example includes careless/negligent driving that results in damage in any form.
Fraud is another prevalent tort litigated in courts. Fraud is defined as the deliberate misrepresentation of facts made for financial, or other personal gain, which causes harm to someone else. Typically, fraud is committed when a product or service is sold, and the seller lies about the nature or quality of the service being provided or the product being sold. If the victim relies on the fraudulent statements or misrepresentations, the seller could potentially be liable for fraud. The buyer can then potentially sue the seller, to seek compensation for their losses. In general, the victim of the fraud would receive the difference between the fair market value of the product that was purchased, and what they paid for it.
Battery is another cause of action under tort law in Oklahoma and Texas, but it is not commonly litigated. The element of battery is pretty straightforward: if you engage in physical contact with another that causes pain and/or injury, you’ve committed battery. It’s necessary to note that the contact does not need to be harmful to amount to battery – it can also be offensive. What constitutes “offensive” contact is largely subjective, and unless the conduct is truly egregious such as unwanted sexual contact, a battery lawsuit is not probable. A common example of a battery is when a patient is in surgery, and the surgeon, for whatever reason, operates on the wrong body part. Because the patient did not consent to this contact, the surgeon has committed a severe form of battery.
Another cause of action that is commonly pled as a cause of action in Texas and Oklahoma is known as intentional infliction of emotional distress. This tort involves emotional distress, and this particular tort/cause of action does not actually require physical harm or financial loss. Intentional infliction of emotional distress is committed when a person engages in outrageous conduct towards another, with the intent of causing emotional distress, and directly causes the intended distress.
If you believe that you’ve been the victim of a tort in Oklahoma and Texas, you have a right to go to court and attempt to prove your case. On the other hand, if you find that you are being sued for a tort, and believe that you aren’t responsible, you have every right to defend yourself in court. At the Law Office of Abby Allford, PLLC, I have represented plaintiffs and defendants in the area of tort law. Regardless of your position, an experienced tort lawyer can advise you on the best way to proceed in order to give you the best chance of winning your case by successfully pleading, litigating, or settling your case for a potential increased amount of damages that may be awarded or by advocating for the side of the defendant by defending any cause of action and preventing damages from being awarded. Contact the Law Office of Abby Allford, PLLC for a free consultation today at 512-212-6168 if you have been the victim or the alleged defendant in a tort cause of action in Oklahoma or Texas.