Tort Lawyers in Patiala

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Tort is a type of civil wrong which can be in the form of wrongdoing, misbehaviour, or violation of one’s rights. Tort law is a civil remedy which provides financial compensation for the injury caused either to the person or property. Having complete understanding and 40+ years of experience in the field, we are regarded as one of the best tort lawyers in Patiala. We, at B&B Associates LLP, are committed to rendering effortless and seamless legal services. 

Whether it is a matter of wrongdoing resulting from negligence or it is intentional wrongdoing, our team handles both with expertise. We understand the difference between a tort and crime and therefore handle every case accordingly. Our team makes sure that the whole matter is researched well and evidences are collected cautiously. B&B’s tort law advocates in Patiala  focus on justifiable and timely recourse. We put our constant efforts to help the victim get the deserved financial recompense within time so that everyone’s faith in law and legal system could be maintained.

Legal Services For Which You Can Hire Our Tort Lawyers In Patiala

• Offences to person
• Assault
• Battery
• Professional Negligence
• Contributory Negligence
• Defamation
• Economic Torts
• Trespass to land
• Public Nuisance
• Private Nuisance
• Constitutional Torts

Overview Of Principles Of Torts To Know In What Cases You Can/Should Hire The Best Tort Lawyers Near You

Damnum Sine Injuria and Injuria Sine Damnum-

Damnum sine injuria means damage without legal injury. Meaning that the plaintiff must prove that he has sustained a legal injury in order to make someone liable in tort. Without an infringement of a legal right, no action lies in against the defendant.

Injuria sine damnum means legal injury without any damage. This means that there is an infringement of legal rights but no actual loss has taken place. Right to sue is available against the wrongdoer irrespective of the fact whether any actual loss is sustained or not.

Every person is responsible for his own act of omission and commission but, sometimes a person can be made liable for the actions of others – vicarious liability. Essential elements are:

• Must have a relationship of some kind.
• The wrongful act must be related to the relationship in a certain way.
• The wrongful act must be done within the course of employment.

Lability of a master for the act of his servant during the course of the employment is based on the principle of “respondent superior”, whereby, a person is held responsible for the act of his subordinate and if he does an act through his servant then he is deemed to be liable himself. Same principles are followed in the principal-agent relationship.

Volenti Non-Fit Injuria

This maxim means “to one who volunteers, no harm is done”. This further means that if a person, after knowing all the risks and the facts of a circumstance, willingly and voluntarily consents, then later cannot ask for compensation for the resulting injury. Law of torts uses this as a defense and saves the defendant from all kinds of liability. Essentials:

• Voluntary Agreement (express or implied)
• Knowledge of the risk

Negligence

When a person commits a breach of duty by ‘failing to perform’ and results in causing ‘legal damage’. In other words, the irresponsibility of one person causes injury to another. The tort of negligence is based on the principle of ‘Reasonable foreseeability’, which means, before or at the time of doing the act, if a person can reasonably foresee that due to his act a damage could be caused to another person, yet, he continues to do so, he is said to have committed a tort of negligence.

Personal Security

ASSAULT- An act that creates a reasonable apprehension in the mind of a person about a physical threat or harm accompanied by the capacity to do so. There is:

• Apprehension of harm
• Intention to use force
• Capacity to use force

BATTERY- an act of harmful, offensive and unlawful touching of a person against his will. It is an accomplished assault. There is:

• Intention to use physical for
• Actual physical contact

FALSE IMPRISONMENT- This means intentionally restricting/ imprisoning a person by someone who does not have a legal authority to do so. Arresting a person without any legal warrant and authority. There is:

• Wilful detention
• Detention without consent
• Detention is unlawful
• Principle of Nuisance

Nuisance means ‘to hurt’ or ‘to annoy’. Any unlawful interference with a person’s interest in land or some rights results in nuisance. Remedies: Damages, Injunction, Abatement. There are two types of nuisance:

PUBLIC NUISANCE: This is committed against the community at large,

PRIVATE NUISANCE: This is committed against an individual.

Principle of Trespass to Property

This refers to an unjustifiable physical encroachment of land of one person by another. If any person enters the land of another person without permission or remains upon that land or places an object on that land, he is said to have committed the tort of trespass to land. Remedies: Damages, Injunction.

Principles of Reputation and Privacy

DEFAMATION – this means publishing false and defamatory statements about someone without any lawful justification. This action would then result in lowering the reputation in the eyes of the society. Such an act should be done intentionally, either written or spoken which harms a person’s reputation. There are two types of defamation:

LIBEL- This is a written form of defamation, must be in a printed form like cartoons, recordings etc.

SLANDER– this is an oral form of defamation, made by spoken words or gestures.

Essential elements:

• Statement must be published
• It must be defamatory
• must refer to the plaintiff
• that statement is false
• Principle of Strict Liability and Absolute Liability

STRICT LIABILITY- sometimes a person is held responsible for doing wrong without he being negligent or having any intention of that wrong. He is still held responsible for his wrong act even if he has taken necessary steps to prevent that act. This is the principle of strict liability. ABSOLUTE LIABILITY- It is a no-fault theory liability i.e. a wrongdoer is considered absolutely liable for the act of omission or commission. Such a liability is valid only to those people who are involved in a hazardous or inherently dangerous activity.

Why Choose B&B Associates LLP To Get Legal Help For Tort Matters In Patiala?

B&B Associates LLP is a full service law firm having a team whose expertise spans different sectors of law. We take pride in being able to serve the public for over four decades. Throughout those years, we strived for excellence and professionalism in the legal industry. Our experienced senior and young talent lawyers collaboratively work on cases to devise the best possible legal solutions.

Golden Rules

**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit.