United States tort law
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Under United States tort law, torts are generally divided into three categories: intentional torts, negligence, and strict liability torts.
Intentional torts include those actions that are intentional and voluntary and that are made with knowledge by the tortfeasor (i.e. the person who committed the tort) upon the plaintiff (the one who brings the complaint seeking relief). Intentional torts include: battery, assault (apprehension of harmful or offensive contact), false imprisonment, intentional infliction of emotional distress (IIED), invasion of privacy, fraud, defamation of character (includes libel, which is written defamation of character and slander, which is non-written defamation of character), malicious prosecution, abuse of process, the real property tort of trespass to land, and the personal property torts of conversion and trespass to chattels.
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[edit] Negligence
Amongst unintentional torts one finds negligence as being the most common source of litigation in most American courts (partly because it is one of the few torts for which ordinary people can and do obtain liability insurance.) It is a form of extracontractual liability that is based upon a failure to comply with the duty of care of a reasonable person, which failure is the proximate cause of damages. That is, but for the tortfeasor's act or omission, the damages to the plaintiff would not have been incurred. Other non-intentional torts include negligent infliction of emotional distress (or NIED, not recognized in all states), malpractice (professional negligence), and product liability (liability of manufacturers, wholesalers and retailers for unreasonably dangerous products).
Some jurisdictions recognize one or more designations less than actual intentional wrongdoing, but more egregious than mere negligence, such as "wanton", “reckless” or “despicable" conduct. A finding in those states that a defendant's conduct was "wanton," “reckless” or “despicable”, rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are not available when such conduct is the cause of the damages. Also punitive damages (sums intended to punish the defendant may be awarded in addition to actual damages intended to compensate the plaintiff) just as they can be awarded for intentional misconduct. These punitive damages awards can be quite substantial in some cases. [1]
[edit] Strict liability
Strict liability torts are brought for injuries resulting from ultrahazardous activities, for which the defendant will be held liable even if there was no negligence on his/her part. Strict liability also applies to some types of product liability claims and to copyright infringement.
Most tort claims or causes of action arise under state law and are heard in state courts. Some state tort claims are heard in federal courts under doctrines like diversity of citizenship of the parties or supplemental jurisdiction; such topics are the core of the standard American civil procedure course and are too complex to summarize here. See United States district court for more information.
[edit] Federal torts
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue for anything from a free speech claim to use of excessive force by the police. Tort claims arising out of injuries occurring on vessels on navigable waters of the United States fall under federal admiralty jurisdiction.
