Personal injury law is based in the law of "torts". A tort is a harmful act or failure to act for which the law provides a remedy.

There are many different kinds of torts. Physically injuring someone is a tort; so is damaging a person's property or character, or wrongly denying someone his or her liberty.

The basic principle of tort law is that injured persons should be compensated by those responsible for their injuries. Thus, a victim of a tort has the right to sue the "tortfeasor" (the person committing the tort) for damages.

It is important to understand the difference between torts and crimes. A tort is a civil wrong against an individual that exposes the tortfeasor to liability to an individual (or individuals). A crime is a wrong against society or the state and is punishable by incarceration or a fine.

Some acts, however, can be both a tort and a crime. For example, someone who uses force to cause bodily injury commits a tort known as battery and is liability to the victim for damages. Battery also is a misdemeanor crime under California law, punishable by up to six months in prison and/or a fine of up to $2000. Thus, a person committing a battery could be prosecuted and convicted of the crime of battery, and also face a civil lawsuit brought by the victim.

Thre are three types of torts:

• Intentional torts,
• Negligent torts, and
• Torts based on strict liability.

Each of these torts is unique and has its own requirements for recovery, but may overlap in application. For example, if a person is injured by a product, he or she may sue the manufacturer under a theory of negligence or strict liability.