A Tort Is Not a Pastry — Legal Terms Explained

You may have heard the word “tort” thrown around in legal contexts. It’s kind of a funny word — sounds like it should involve chocolate and cream. But in the legal world, a tort is anything but sweet.

What Is a Tort?

A tort is a wrongful act — other than a breach of contract — that causes harm to another person and gives the injured person the right to sue for damages. It comes from the Latin word “tortum,” meaning twisted or wrong.

It’s easier to describe by what it is not. A tort is not a crime (though some acts can be both). A tort is not a contract dispute. A tort is a civil wrong that causes someone injury or loss.

Types of Torts

Intentional torts — deliberate acts that cause harm. Assault, battery, false imprisonment, defamation, trespass.

Negligence — the most common tort. Failure to exercise reasonable care that results in harm. Car accidents, slip and falls, medical malpractice. This is the foundation of most personal injury cases — see our detailed negligence post.

Strict liability — liability without fault. You don’t have to prove the defendant was careless — just that their product or animal caused your injury. Dog bites and defective products fall into this category in Arizona.

Why It Matters

When a lawyer says you have a “tort claim,” they mean you were harmed by someone else’s wrongful conduct and you have the legal right to seek compensation. The specific type of tort determines what you need to prove and what damages are available.

The Law Badgers are tort lawyers. That’s what personal injury law is — holding people and companies accountable when their wrongful acts injure others. No pastries involved, unfortunately.