What is a Tort Claim
- Reza Yassi
- Jun 20
- 5 min read
Updated: Jun 23
If you live or work in New York, understanding a tort claim could protect you from unexpected problems. You may have heard this term on the news or from friends who got injured. Maybe you own a small shop or apartment building in Manhattan, and someone got hurt on your property. Or you are someone who slipped and fell, and you want to know if the law can help you. Knowing about tort claims is not just for lawyers. It helps you know your rights, when to seek a personal injury lawyer in Manhattan, and what steps to take if the worst happens.
A tort claim belongs to civil law, not criminal law. Both business owners and regular people in New York need to know how tort claims work. They touch many real-life problems, from car accidents to slip-and-fall injuries. Learning the basics of a tort claim now can help you stay safe and prepared for the future.
Understanding Tort Claims: Definition and Types
A tort claim lets you ask for money if your body, mind, or property gets hurt by another person's action or failure to act. If a store ignores a wet floor and you slip, you might have a case. If someone hits you on purpose, that is different from a mistake. Both can lead to a tort claim.
What Is a Tort Claim?
A tort claim is a demand for money because someone hurt you or your property by not being careful, by making a mistake, or by doing something on purpose. It is not about breaking a contract where both sides agreed to do something. It is not a criminal charge, which is brought by the government as punishment for breaking the law. Tort claims fall under personal injury law, where the main goal is to help the injured person.
Let us say you go to a store in Manhattan, and a heavy box falls on your foot. If the store knew that the box was in a bad spot and did nothing, you could make a tort claim. You are not sending anyone to jail. You just want the store to pay for your hospital bill, time off work, and pain.
Types of Tort Claims: Negligence, Intentional Torts, and Strict Liability
There are three main kinds of tort claims. Each one depends on what happened and why.
Negligence: Most tort claims are about negligence. This means someone did not act with care. Imagine you visit a grocery store and slip on a spilled drink. The manager knew about the mess but did not clean it. That is negligence. The most common example is a slip and fall. To learn more, read What Is Negligence in Law? Examples and Legal Explanation.
Intentional Torts: Sometimes a person hurts you on purpose. If someone punches or kicks you, that is a civil battery. If a store worker locks you in a back room for hours as a joke or mistake, that could be called false imprisonment. These actions are called intentional torts because the person meant to do them.
Strict Liability: With strict liability, you do not have to show that the person meant to hurt you or was careless. The classic example is product liability. If you buy a power tool, use it as the directions say, and it blows up, the maker can be at fault without you having to prove that someone messed up on purpose or by mistake. This helps customers who get hurt by dangerous products.
The Tort Claim Process and Legal Considerations
Tort claims follow certain steps. Some are simple, and some are long. It all depends on what happened.
Steps in Filing a Tort Claim
If you think you have a tort claim in Manhattan or anywhere in New York, here is what you can do:
Write Everything Down
List what happened. If you were hurt, keep photos, names of witnesses, and save all medical records.
Contact a Personal Injury Lawyer in Manhattan
Talk to a lawyer who knows personal injury law. Many will offer you a free consultation for the first time.
Investigation
Your lawyer will check facts, talk with witnesses, and look at police or accident reports.
Settlement Talks
Before trial, both sides can agree to pay money and stop the lawsuit. Many tort claims settle here.
Going to Trial
If you and the other side cannot agree, you might need to ask a judge or jury to decide.
In New York, you usually have three years from the date of the injury to file a claim. This is called the statute of limitations. In some cases, such as claims against city agencies, the deadlines are much shorter.
Key legal standards, like proving negligence or showing how much you lost, are strict in New York. If you are not sure, ask a lawyer who knows local rules.
Protection for Small Businesses: Defending Against Tort Claims
If you own a small business, you can protect yourself from a tort claim. Here is how:
Keep it Safe
Clean spills, fix broken steps, and post clear signs for dangers. Take care of your building and equipment.
Check Your Records
Go over your contracts with workers, renters, or vendors. Make sure everyone knows who is in charge of safety.
Train Workers
Teach your staff how to spot hazards and what to do when someone gets hurt.
Talk to a Legal Expert
Ask a commercial litigation attorney to look for risks in your paperwork and work site.
If someone makes a claim against you, collect all documents, witness accounts, and photos. Cooperate with your insurance company and call a lawyer experienced in tort claims. Taking fast action can limit damage to your business.
The Bottom Line
Knowing what a tort claim is helps you protect your rights if you are hurt and keeps your business safe from costly lawsuits. Understanding the steps and the most common types of tort claims prepares you for the day when something goes wrong. If you feel lost, remember that a personal injury lawyer can guide you, answer your questions, and fight for your interests.
If you need help or legal guidance in New York, Yassi Law PC is ready to support you. Reach out to their friendly team for advice on personal injury cases, civil battery issues, or questions about tort claims for your business. Their experience gives you a sense of security so you can focus on what matters most.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Although I am an attorney, I am not your attorney, and reading this article does not create an attorney-client relationship. For advice pertaining to your specific situation, please consult a qualified attorney licensed in your area.
