California Tort Law: Highlights from Your Attorney on Radio’s June 12 Broadcast

Intentional, negligent and strict liability torts covered, plus how to fight a California traffic ticket

The basic principle of tort law is that a person who has been injured by another person has the right to compensation.

There are many types of torts: intentional, negligent and strict liability. They can result in physical injury, harm someone’s character or curb someone’s liberty.

On June 12, Your Attorney on Radio Madan Ahluwalia explained California tort law and also discussed the steps California drivers can take to fight traffic tickets.

What are some examples of torts?

There are many kinds of torts. When someone slips and falls on a premises because of an unsafe condition, it is classified as a tort. An auto accident caused by a negligent driver, defamation of character and false imprisonment are also torts.

How is a tort different from a crime?

A tort is a civil wrong against an individual that exposes the tortfeasor, or wrongdoer, to liability. A crime is a wrong against the society or state and is punishable by jail time or fine.

Some acts are both a tort and a crime. For example, someone who uses force and causes bodily injury is committing a tort known as battery. The person is liable for damages and is considered to have committed a misdemeanor under criminal law, punishable by a fine and jail time.

One common situation that falls under the headings of “tort” and “crime” is a fight. A person who has been attacked may sue under civil law, and the district attorney and police may take action under criminal law.

What are some types of intention torts?

An intentional tort is a wrong stemming from an intentional act. When one person attacks another person, this is an intentional tort. Other examples include battery, defamation, trespass and false imprisonment.

How can you fight a traffic ticket in California?

California law allows drivers to fight or contest traffic tickets by mail. The driver may send in a written declaration by mail, and the officer who wrote the ticket has 30 days to file a response. If the officer fails to respond in time, the case is decided in the driver’s favor. If the driver loses, he or she may still challenge the decision by asking the judge for a new trial.

Mark Your Calendars:
On July 17, 2010 from 9-10 am the consulate general of India will be on the show to answer your questions.

For more information about California tort law, contact Madan Ahluwalia at Ahluwalia Law P.C. by calling 650-331-1968 or e-mailing madan.ahluwalia@ahluwalia-law.com.

Based in Redwood, Calif., Ahluwalia Law is a general practice law firm assisting clients with a variety of cases, including but not limited to immigration law, business services, civil litigation, estate management, loan modification and bankruptcy, family law and personal injury.

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