Unintentional Tort

DEFINITION of 'Unintentional Tort'

A type of unintended accident that leads to injury, property damage or financial loss. In the event of an unintentional tort, the person who caused the accident did so inadvertently and typically because he or she was not being careful. The person who caused the accident is considered negligent because he or she failed to exercise the same degree of care that a reasonable person would have in the same situation.

BREAKING DOWN 'Unintentional Tort'

In certain cases, a person causing an accident may be held legally responsible for their negligence and may have to pay a plaintiff for physical injuries, property damage and/or financial loss. In general, the plaintiff will have to prove that the defendant (the person causing the accident) owed the plaintiff a duty of care, that the defendant did not act as a reasonable person would have, that the defendant's actions or inactions caused the injury and/or loss, and that the plaintiff suffered some type of harm or injury as a result of the defendant's actions or inactions.

RELATED TERMS
  1. Tort Law

    The area of law that covers the majority of all civil lawsuits. ...
  2. Compensatory Damages

    Money awarded to a plaintiff to compensate for damages, injury, ...
  3. Attachment

    A legal term referring to the action of seizing property in anticipation ...
  4. Aviation Accident Insurance

    Insurance that provides coverage for injuries resulting from ...
  5. Automobile Liability Insurance

    Financial protection for a driver who, while operating a vehicle, ...
  6. Civil Damages

    Civil damages are usually monetary awards due to a winning plaintiff ...
Related Articles
  1. Personal Finance

    It's Raining Lawsuits: Do You Need An Umbrella Policy?

    This type of insurance protects your assets and future wages against lawsuits. Find out if it might benefit you.
  2. Professionals

    Costly Personality Traits In Financial Planning

    For people to be successful with their finances they must plan effectively. However, sometimes negative personality traits can hold people back.
  3. Personal Finance

    Beware The Liability Of Sharing Your Car With Strangers

    Car sharing, the newest way to rent a car, is catching on in the U.S., Canada and Europe. But both renters and the car owners they rent from may be taking on risks they don’t fully understand.
  4. Insights

    Tesla's Autopilot Results in Death of Driver (TSLA)

    A 2015 Tesla (TSLA) Model S was involved in an accident caused by its autopilot self-driving feature.
  5. Personal Finance

    How Much Car Insurance Do I Need?

    Find out to determine how much car insurance you actually need with this overview of the different types of coverage available in your policy.
  6. Managing Wealth

    Creating a Risk Management Plan for Your Small Business

    Learn how a complete risk management plan can minimize or eliminate your financial exposure through insurance and prevention solutions.
  7. Personal Finance

    Will Filing An Insurance Claim Raise Your Rates?

    An accident can mean higher insurance costs - even if it wasn't your fault.
  8. Personal Finance

    Understanding Your Third-Party Insurance Policy

    Third-party insurance protects a party from the claims of another.
  9. Financial Advisor

    What Kind of Insurance Do RIAs Need?

    Advisors spend a lot of time discussing insurance with clients but they also need to consider their own coverage needs as small-business owners
  10. Retirement

    What Long-Term Care Insurance Protects Against

    Because long-term care can be so expensive, not to mention labor-intensive, long-term care insurance exists to protect against exhausting your personal assets or burdening your loved ones. In ...
RELATED FAQS
  1. Can your insurance company drop you after an accident?

    Learn how auto accidents can lead to insurance premium increases or policy cancellations, and why high-risk drivers are more ... Read Answer >>
  2. How can we invest $30K received from life insurance to receive yearly dividends?

    My daughter is 3+ years into recovering from a car accident, with a traumatic brain injury. She is entering the next phase ... Read Answer >>
  3. How does the insurance sector work?

    Learn more about the insurance sector, a historically safe place for equity investors and the home of some of the largest ... Read Answer >>
  4. What are examples of the largest companies in the insurance sector?

    Read about some of the largest and most influential companies in the insurance sector, a list that includes Berkshire Hathaway ... Read Answer >>
  5. Partial IRA Beneficiary Disclaimer, can I designate the 75% to my three brothers?

    My sister in law resides in Colorado and she is the executor of her mother's will and is named as primary beneficiary of ... Read Answer >>
  6. What is long-term care insurance?

    Long-term care insurance is an insurance policy that that helps a patient pay for long-term care. The policy usually covers ... Read Answer >>
Trading Center