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Tort Law

Around the time of the industrial boom in the 1800s, U.S. law began to look at the concept of fault for worker injury, illness, and death. Lawyers introduced the idea of tort law, which "seeks to provide reimbursement to members of society who suffer losses because of the dangerous or unreasonable conduct of others."

According to the National Juris University, "Tort law, in essence, establishes standards of conduct for all members of society . . . In a nutshell, tort law is a method by which an injured person can attempt to shift the costs of harm to another person."

Tort law classifies civil wrongs in three ways:

  • Intentional (purposeful interference with one's person, reputation, or property)
  • Negligent (the failure to exercise reasonable care)
  • In strict liability (liable, but without fault, for harm done)

To a modern-day worker, this concept is simple: Businesses, governments, and individuals may be held lawfully responsible for negligence. However, there was a time where this was not an intricate part of U.S. law (and therefore not a priority for many industries and employers). Over time, tort law has come to play a significant role in legally protecting worker safety and in holding employers accountable.

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