Also known as: tortious
Written by attorneys · grounded in primary & secondary sources — see below
Conduct whether by act or omission that is of such a character as to subject the actor to liability under the principles of the law of torts. The causal sequence by which the conduct results in an invasion of a legally protected interest must be one for which the law holds the actor responsible absent a defense.
Tori Taylor left a defective ladder at a job site without warning signs. A worker climbed it and fell, breaking his leg. The sequence of events from the placement of the ladder to the injury made the law hold Tori responsible for the harm.
Tabitha Taylor knew her teenage son repeatedly drove recklessly yet allowed him continued access to the family car. The son caused a collision injuring a pedestrian. Tabitha's own failure to supervise supplied the proximate cause linking her conduct to the resulting harm.
Select any source to read its text and confirm it supports the definition.
Tessa Takahashi failed to secure scaffolding at a construction site she managed. A passerby was struck by falling materials. The omission placed Tessa in the position of the actor whose conduct exposed her to tort liability.
Tamara Tan deliberately blocked a competitor's delivery truck to disrupt business. The competitor suffered only emotional upset with no bodily harm. The conduct remained tortious yet produced no liability for the standalone emotional distress.
Tanya Tang omitted to repair a known hazard on her commercial property. A customer tripped and sustained injuries. The omission qualified as conduct subjecting Tanya to liability under tort principles.
TechVista Solutions repeatedly sold vehicles with undisclosed repairs across multiple states. A buyer discovered the pattern after purchase and suffered economic loss. The repeated conduct supplied evidence of reprehensibility that justified enhanced remedies beyond compensation.
Tortious conduct subjects the actor to liability because it invades a legally protected interest through a causal sequence the law deems sufficient. An unavoidable accident produces harm without any tortious act by the person whose conduct is questioned.
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No. Parents are not vicariously liable solely by virtue of the relationship. Liability requires the parent's own negligence, such as negligent supervision, to be a proximate cause of the child's tortious conduct.
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Intentional tortious conduct does not make the actor liable for emotional distress that is the only legal consequence when the distress does not fall within recognized exceptions such as presence of an immediate family member or resulting bodily harm.
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The actor is the person whose conduct is in question as subjecting him to liability toward another or as precluding recovery against another whose tortious conduct caused the actor's injury.
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…was, as Daniel Webster said in opening the argument for the defense, "an unusual case." The defendants, admitting an otherwise tortious breaking and entering, sought to justify their action on the ground that they were agents of the established lawful government of Rhode Island, which State was then under martial law to…