Understanding Torts and Liability Claims in Civil Litigation

What Are Torts in Civil Litigation?

In civil litigation, a "tort" refers to a wrongful act—other than a breach of contract—that causes harm to another person or business. When that harm results in measurable damages, the injured party may pursue a civil claim seeking compensation. Torts form the foundation of a wide range of lawsuits, from personal injury cases to business-related disputes.

Common Types of Torts

Tort claims generally fall into three categories:

• Negligence: Occurs when someone fails to exercise reasonable care. Common examples include motor vehicle accidents, slip‑and‑fall incidents, and negligent security claims.
• Intentional Torts: Actions done on purpose, such as assault, fraud, trespass, or interference with business relationships.
• Strict Liability: Applies when a party is held responsible regardless of intent or negligence—often seen in defective product claims and certain hazardous activities.

Liability Claims in Business and Civil Disputes

Beyond traditional personal injury cases, tort and liability principles frequently arise in business litigation. Companies may face liability for:

• Business fraud or misrepresentation
• Deceptive trade practices
• Product defects or manufacturing errors
• Torts involving contracts, such as interference with business opportunities or unfair competition

These issues can create significant financial and operational risks, especially for small and mid‑sized businesses operating in competitive markets.

Proving a Tort Claim

While each type of tort has its own legal elements, most liability claims require the injured party to show:

• A duty of care existed between the parties
• A breach of that duty occurred
• Causation —the breach directly caused the harm
• Damages —actual, demonstrable losses

These elements may appear straightforward, but applying them in real‑world disputes can be complex, especially when multiple parties or overlapping business interests are involved.

Why Tort and Liability Claims Matter to Businesses

Even a single claim can disrupt operations, damage reputation, and lead to costly litigation. Understanding the types of torts your business may face—and how to mitigate risks—is essential to protecting your organization. When disputes arise, swift and strategic legal intervention can help preserve relationships, limit exposure, and position the matter for resolution inside or outside the courtroom.

How Mitchell Law Firm LLC Can Help

At Mitchell Law Firm LLC in Memphis, I represent individuals and businesses in the full spectrum of tort and liability disputes. Whether you are pursuing a claim or defending against one, I provide experienced, strategic counsel rooted in a practical understanding of Tennessee civil litigation.

If you are facing a tort or liability issue—or want to better understand your rights and obligations—contact me today to schedule a consultation.