By Attorney Melinda H. South
A tort is a wrongful act resulting in injury or damages, for which the civil law provides that the injured person (or the person suffering damages) may seek recovery from the person who caused the injury. The person or "party" who suffers harm from the wrongful conduct of another is known as the plaintiff or claimant. The person or "party" who caused the injury is known as the defendant or tortfeasor. The lawsuit is called a "tort action".
There are three elements of a tort action, which are often referred to as the three-legged stool. All three must be present to have a valid claim. These are (1) a duty; (2) a breach of that duty; and (3) damages resulting from the breach of that duty.…