tortfeasor

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Tortfeasor

A wrongdoer; an individual who commits a wrongful act that injures another and for which the law provides a legal right to seek relief; a defendant in a civil tort action.

Cross-references

Tort Law.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

tortfeasor

n. a person who commits a tort (civil wrong), either intentionally or through negligence. (See: tort)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

tortfeasor

one who commits a TORT.
Collins Dictionary of Law © W.J. Stewart, 2006

TORTFEASOR. A wrong-doer, one who does wrong; one who commits a trespass or is guilty of a tort.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
discussed below (219)--joint tortfeasors may not generally avail
type of insurance that would indemnify purchasers for injuries caused by negligent uninsured motorists." (94) In doing so, UM coverage allows "a person injured by an uninsured motorist [to] be compensated by her own insurer in an amount equal to what the uninsured tortfeasor's liability insurer would have paid if the tortfeasor had carried liability insurance." (95)
Generally speaking, three separate principles emerge from the court's review of case law: (1) underinsured-motorist coverage should place the insured in the same position he or she would have occupied if the tortfeasor had carried insurance in the same amount as the insured; (2) underinsured-motorist coverage exists to fill the gap between the amount received from the tortfeasor's insurance and the amount of the insured's underinsured-motorist policy limit; and (3) underinsured-motorist coverage is not intended to allow the insured to recover amounts from the insurer over and above the insured's underinsured-motorist policy limit.
tortfeasor to be exonerated for its liability is poor social policy, for
McLachlin C.J.'s framework from Clements means that where a plaintiff seeks to rely on the material contribution to risk test, that plaintiff must establish "global but for" in regard to multiple tortfeasors (26) and an impossibility of establishing individual "but for" through no fault of her own.
(16) The rule strives to make an injured party financially whole by holding a defendant liable for damages and giving the benefit of a windfall to a plaintiff in a tort action instead of to the tortfeasor. (17) Delaware previously applied the collateral source rule in medical negligence cases when determining reasonable medical expenses in several contexts, but had not determined the issue in the context of Medicare payments prior to the Stayton decision.
Since tortfeasors such as petrochemical plant operators are undoubtedly much more influential than victims with respect to technological accident risks that could lead to man-made disasters, there are strong arguments in favor of applying a strict liability rule to such ultra-hazardous activities.
The early common law held joint tortfeasors jointly and severally liable for any indivisible injury their joint negligence caused a plaintiff to suffer.
While judges have argued that "deterrence requires a perception by others that the tortfeasor is being punished," (16) it seems more accurate to say that "deterrence requires a perception by others that they will be punished if they engage in similar misconduct." This latter message can be conveyed by posthumous punitive damages, as long as potential future tortfeasors expect to live after committing the tort.
The Court, in a recent opinion, has begun to rely on the idea that subrogation achieves an important result by holding tortfeasors responsible for their actions.3
(8) Additionally, health insurers began adding subrogation clauses in an attempt to get a share of the damages paid to victims by tortfeasors after the first reported judicial decision addressed the propriety of health insurance subrogation in 1982.