tortfeasor

The person or organization that causes the injury is known as a tortfeasor.

Fourth, the inability to point to a specific tortfeasor must not be the plaintiff's fault.

This case also illustrates the well-settled proposition that the tortfeasor must take his victim as he finds him.

If someone has an accident then they have a statistical 8% chance of finding a tortfeasor responsible for their injury.

The tortfeasor is called the defendant.

The victim may sue the tortfeasor.

Now, a public officials seeking to sustain a civil action against a tortfeasor needed to prove by "clear and convincing evidence" actual malice.

The standard is lower in other injury cases, so that a victim would have to prove that a tortfeasor had been negligent.

Importantly, however, the civil wrong must be an actionable one, resulting in liability on the part of the wrongdoer or tortfeasor.

If an employer commissions a tort, this will render the employer a joint tortfeasor.

Therefore, "fragile" party is more likely to have more knowledge of potential fragility than is the tortfeasor.

A breach of non-delegable duty is not automatic on founding a cause of action against the primary tortfeasor.

With insurance subrogation, there are three parties involved: the insured; the insurer; and the tortfeasor (the party who is responsible for the damages).

Under subrogation, the insurance company assumes the right to sue the tortfeasor for the amount of the damages reimbursed to the insured.

In American tort law, recklessness of the tortfeasor can cause the Plaintiff to be entitled to punitive damages.

The essential decision to be made is whether a tortfeasor or a claimant should bear the risk of other tortfeasors going insolvent.

The court may impose an injunction on a tortfeasor, such as in Sturges v Bridgman.

This legally obliges the tortfeasor to stop or reduce the activity causing the nuisance and its breach could, potentially, be a criminal offence.

The tortfeasor may still be held liable, if he or she had the last clear chance to prevent the injury (the last clear chance doctrine).

The tortfeasor directly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury].

An intervening cause will generally absolve the tortfeasor of liability for the victim's injury only if the event is deemed a superseding cause.

If an injury is not immediate, but a separate situation agitates the injury, the tortfeasor is not liable.

An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor.

If such a duty is found to be breached, a legal liability is imposed upon the tortfeasor to compensate the victim for any losses they incur.

In order for the intervening cause to be deemed superseding and relieve the tortfeasor of liability, both the act/event and the injury must be unforeseeable.