Also known as: action ex delicto · delictual action · tort action
Written by attorneys · grounded in primary & secondary sources — see below
A civil action brought to recover damages for a tortious injury or wrong. The action arises from conduct that invades a protected interest and gives rise to liability independent of any contractual obligation.
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Anika Anand agreed to participate in a staged fight for a film. When the other participant exceeded the agreed limits and caused serious injury, Anika filed suit. Because her consent extended to the criminal conduct, the court dismissed the action.
Austin Abbott, a minor, agreed to work in a hazardous factory in violation of child-labor laws. After suffering injury, he brought suit against the employer. The court held that his consent could not bar the action because the statute protected minors irrespective of consent.
Alexandra Armstrong prevailed in a negligence suit against a contractor whose defective work caused property damage. She sought to recover the substantial attorney fees incurred in the litigation. The court denied that request under the ordinary rule governing tort damages.
Aisha Ahmed purchased a commercial vessel whose turbine failed after installation. She sued the manufacturer in tort for lost profits rather than pursuing contract remedies. The court dismissed the action because the harm was purely economic and did not involve personal injury or property damage.
Alice Atkins sued several police officers after an unlawful search and seizure conducted under color of state law. She framed the claim as a federal tort action for violation of constitutional rights. The court permitted the suit to proceed against the individual officers.
Arthur Abrams brought a state tort action alleging that a vehicle lacked adequate safety features. Federal motor-vehicle regulations already addressed the same design issue. The court held that the federal standards preempted the state tort claim.
Consent ordinarily bars recovery even when the consented-to conduct is criminal. The bar does not apply when the criminal statute protects a specific class irrespective of consent.
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Attorney fees and other litigation expenses are not ordinarily included in damages awarded in a tort action.
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A court may supply a tort remedy when a statute protects a class of persons, the remedy furthers the legislative purpose, and existing remedies are inadequate.
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…commences with the filing of the complaint, the Court held that for purposes of the Kansas statute of limitations a diversity tort action commenced only when service was made upon the defendant. The effect of this holding was that although the plaintiff had filed his federal complaint within the state period of limitations,…