Tort Law Wyoming

Tort Law in Wyoming

A tort is a civil wrong that has been committed against an individual or legal identity, which differs from criminal law, because criminal law involves a branch of the government against the defendant, while civil law is between people. In criminal cases, the accused can be imprisoned or executed, while in tort cases, monetary compensation is used as a remedy for the plaintiff (the person bringing the case). Tort cases involve legal wrongs which an individual can seek monetary compensation for through the legal system. By tort law, individuals have certain protected interests which they can receive compensation for if breached. While some tort cases are crimes which can be punished with imprisonment and even execution, most provide compensation for damages caused, including past, present, and future losses. 

Tort cases are based on duty, breach of duty, causation, and damages. 

• Duty refers to the concept of exercising reasonable care. Some duties are written into law, such as stopping at a stop sign when driving, while others rely on common sense.
• Breach of duty is when the wrongdoer doesn’t comply with required duties, such as running a red light or hitting someone.
• Causation refers to the fact that the plaintiff needs to prove their injuries were caused by the defendant and that they were not pre-existing or resulting from another incident. 
• Damages is a term used for two separate concepts. The first refers to injuries and losses resulting from the tort, such as pain and suffering and lost wages. The second refers to the monetary compensation received for said losses.

There are three types of tort: intentional, negligent, and strict liability.