Tortious liability refers to the legal responsibility someone can be held liable for when their actions or inactions have resulted in causing harm and injury to another person or business. In legal language, tortious liability is often referred to as “tortious conduct” – but its meaning is essentially the same.
The key elements used to determine whether an individual is liable under tortious conduct include an intentional act or omission, evidence of recklessness or negligence, and proof of a duty of care existing between those involved. This means that the harms were foreseeable and should have been avoided.
Types of Tortious Liability
The most common types of tortious liability include negligence, physical injuries, libel and slander, and intentional infliction of emotional distress. In a tortious liability claim, the person bringing the claim will try to show how the other person’s wrong doing resulted in harm. For example, if a business breaches its duty of care by failing to adhere to health and safety regulations on a premises, resulting in an injury, the injured person can seek compensation.
What Does Tortious Mean in Practice?
When used in a modern context, tortious liability means that every individual in society has a shared responsibility to take reasonable precautions when performing certain tasks or activities in order to ensure the safety of others. For example, businesses must take reasonable steps to ensure the safety of customers such as adhering to health and safety regulations, while individuals must use reasonable care when driving a car in order to minimize the chances of an accident.
By understanding and respecting tortious liability, businesses and individuals can prevent harm and injury to others, as well as being legally liable for damages that arise from their negligent and reckless actions.