New York Tort Law

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What Is Tort Law?

A tort law is a law that governs injuries or harm caused by one person to another person. Tort laws cover every conceivable type of harm, such as physical injuries, property violations, and deprivations of rights. Thus, tort laws often overlap with criminal laws.  However, tort laws are different from criminal laws, mainly with respect to the types of remedies in tort law.

Every state has its own unique body of tort laws. They differ due to the various backgrounds and needs associated with each geographic region. Tort liability may lead to fines or injunctions, but generally is not punishable by incarceration.

Do New York Tort Laws Contain Any Unique Provisions?

Yes- the tort laws of New York have several characteristics that make it different from other states.  Some of these aspects include:

Also, New York is the only state that uses the term “law” for regulations that other states list as “codes.” This has often caused confusion for out-of-state plaintiffs and attorneys who may be involved in a tort claim in New York.  

Another area of confusion in New York law is that the state legislature has never clearly stated the difference between procedural rules that are created by courts and those that are created by the legislature. This could have an outcome on a tort claim, especially with regards to evidence procedures.

Do I Need a Lawyer?

New York tort law can be a challenge to deal with due to its many unique rules and provisions. Also, New York tort laws are constantly changing- the state is often a trendsetter when it comes to tort reform. If you are involved in any type of tort claim in New York, you may wish to hire an experienced New York tort lawyer. An attorney who is familiar with the subtleties of New York tort law will be able to advise you on your claim. A qualified New York tort lawyer can provide you more information if there is a legal basis for your case.

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Last Modified: 06-25-2015 11:07 AM PDT

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