The term "tort" refers to an action that results in harm to another person. This harm can be physical, psychological, emotional or financial in nature. There are three categories of torts:
- Intentional torts -- These involve situations where the harmful act was committed knowingly and intentionally.
- Negligent torts -- These actions weren't committed with the intention to inflict harm, but injuries nevertheless occurred as a result of someone's negligent or careless behavior.
- Strict liability torts -- In these cases, there is no consideration paid to whether someone took the proper care to avoid inflicting harm. Instead, the fact that harm was inflicted will automatically result in the responsible party being held liable for damages. This class of torts is most commonly associated with defective product cases.
If you've suffered an injury that falls into one of these categories, you may be entitled to recover compensation for your damages in a civil tort case. The attorneys at Helton, Walter & Noelker have more than 75 years of combined experience handling civil tort cases, and we can help ensure your rights are protected.
The best way to learn about your legal rights and options is to speak with our lawyers in person. Please call 859-236-1010 today to schedule a free consultation. We serve clients in Danville, Harrodsburg, Lancaster and throughout Central Kentucky.
Civil Tort Cases We Handle
At Helton, Walter & Noelker, we handle a wide range of civil tort cases, including those involving:
- Fraud and misrepresentation
- False imprisonment
- Trespass to land
- Trespass to chattels
This list is by no means exhaustive. If you have suffered an injury and have a valid civil tort case, our attorneys can help you recover the compensation you deserve.
Fraud and Misrepresentation
A person commits fraud when he or she knowingly makes a material misrepresentation with the intent of inducing another person to act or refrain from acting to his or her detriment. It is also necessary to show that the material misrepresentation was justifiably relied upon when the "victim" acted or failed to act.
"Negligent misrepresentation" occurs when, in the course of a transaction in which a person has a financial interest, that person supplies another with false information to guide their business transaction. The individual who provided the false information can be liable for any financial loss caused by the justifiable reliance on this information.
If an individual inhibits or prevents another's freedom of movement without their consent for any amount of time, he or she has falsely imprisoned that person. This imprisonment may include a physical element to prevent escape, such as being bound with rope, as well as verbal threats of harm to the victim.
There are several key factors that contribute to the claim of false imprisonment:
- First, the confinement must be non-consensual on the victim's part.
- Second, the confinement must be intentional on the part of the perpetrator.
- Third, the victim has to have knowledge that he or she is indeed imprisoned.
- Last, there can be no available means of escape known to the victim.
Trespass to Land
The tort of trespass protects a person's interest in the exclusive possession of their land. This is distinguished from the tort of "nuisance," which protects a person's interest in the free and unhindered use and enjoyment of their land.
A person is subject to liability for trespass, irrespective of whether he causes harm, if he intentionally:
- Enters the land or causes another to do so
- Remains on the land when asked to leave
- Fails to remove from the land a thing he is under a duty to remove
Trespass to Chattels
"Chattel" refers to items of personal property. A person commits trespass to chattel if he or she intentionally possesses someone else's property without their consent, even if only for a brief period of time. Courts require that some sort of actual harm results from the trespass to chattel in order for it to be actionable.
Contact our Danville Civil Tort Lawyers
Please contact Helton, Walter & Noelker using the form on this page or call 859-236-1010 today to schedule a free consultation. We serve clients in Danville, Harrodsburg, Lancaster, Stanford and throughout Central Kentucky.