Written by attorneys · grounded in primary & secondary sources — see below
A body of principles that determine when conduct subjects an actor to civil liability for harm to legally protected interests of another.
Sources & Authorities
How it applies
Common Examples
6
Conductor Faces Liability for Omission
Lucia Lopez operated a loading dock and failed to secure a barrier after noticing a hazard. The barrier collapsed and injured a worker. The omission subjected Lucia to liability under tort principles because her conduct met the criteria for tortious action.
Trustee Avoids Personal Tort Liability
Layla Lane served as trustee of a family trust that owned a warehouse. A visitor slipped on an unrepaired floor and sued. Layla escaped personal liability because she was not personally at fault in administering the trust property.
Minor Held to Adult Standard
Lila Lin, age sixteen, drove a delivery van for a summer job and struck a pedestrian. The court applied an adult standard of care because operating a motor vehicle constitutes an adult activity.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Common Law
Restatements
Study Supplements
Choice of Law for Property Tort
Lucas Lee owned land in one state and caused runoff damage to neighboring property in another state. The court selected the law of the state with the most significant relationship to the land and parties to decide the tort claim.
Parents Not Vicariously Liable
Lola Langley’s twelve-year-old son threw a rock through a neighbor’s window. The court refused to impose liability on Lola solely because of the parent-child relationship and required proof of her own negligent supervision.
Federal Agents Face Constitutional Tort Claim
Lance Lee was subjected to an unlawful search by federal agents acting without a warrant. He brought a direct action against the agents for violation of his constitutional rights arising under tort principles.
Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971)
Common questions
Frequently Asked
5
Does the law of torts impose liability only for intentional acts?+
No. The law of torts reaches both intentional conduct and negligent omissions when the actor’s behavior subjects the actor to liability under governing principles.
When is a trustee personally liable for torts involving trust property?+
A trustee faces personal liability only when personally at fault for the tort committed during trust administration.
How does the law of torts treat a minor’s standard of care?+
Children remain liable for their torts but are held to a standard that accounts for age and experience unless the minor engages in an adult activity.
Are parents automatically liable for a child’s torts?+
Parents are not vicariously liable merely by virtue of the parent-child relationship. Liability requires the parent’s own negligence as a proximate cause.
Can the law of torts supply a direct federal cause of action against government agents?+
Yes. Individuals may pursue tort claims directly against federal agents for constitutional violations arising from official conduct.
410 U.S. 113 (1973)Constitutional Law
…Law, 67 Mich. L. Rev. 127 (1968): Note, Artificial Insemination and the Law, 1968 U. Ill. L. F. 203. [^maj-63]: W. Prosser, The Law of Torts 335-338 (4th ed. 1971); 2 F. Harper & F. James, The Law of Torts 1028-1031 (1956); Note, 63 Harv. L. Rev. 173 (1949). [^maj-64]: See cases cited in Prosser, supra , n. 63, at 336-338;…