The word tort simply means a "wrong." A tort occurs when someone deliberately or through carelessness causes harm or loss to another person or their property. A tort is a civil law matter; only the interests of the particular individuals are involved. The main purpose of tort law is for the wrongdoer to compensate (pay back) the person who suffered a loss or injury, not to punish the person who is responsible. Much of the process of tort law involves determining who is at fault and the extent of the damage. The wrongdoer must repay the injured person. This usually means paying a sum of money.
In the examples above, more information would be needed to determine who is at fault and what injuries were sustained. Was freezing rain falling when Martina fell? Was Stewart teasing Reuben’s dog? If Main Street Pharmacy and Reuben were found to be at fault, they would have to pay for any loss or injury. This payment is called "damages." This would include out-of-pocket expenses such as dental or medical bills, lost wages or the cost of a new jacket. There are other types of damages for which a dollar value is hard to attach. Martina and Stewart suffered pain which cannot be reversed. An amount of money may be given to compensate for things such as pain and suffering.
There are many situations where people are harmed by someone else’s action, but no crime has taken place. Suppose Deana tripped on a loose rug in a restaurant and sprained her ankle. Deana may have suffered a wrong, but the restaurant owner is not a criminal. The restaurant owner; however, may have to compensate Deana for a civil wrong—the tort of negligence.
Although a tort and a crime are two different things, sometimes one action can be both. Where someone has deliberately injured another person, as in cases of assault, the person committing the assault may be charged with a crime in a criminal court. That person may also be responsible for compensating the injured person for things such as medical expenses, and pain and suffering. The law treats crimes and torts as two separate issues. In general, criminal courts are not intended to determine compensation for victims, nor are civil courts set up to punish wrongdoers.
Tort law comes mainly from the common law (judge-made law). While this law has developed to protect citizens from loss or injury, they are not paid back automatically. They must first show that another person’s action caused their loss. As with other areas of civil law (e.g., contracts, divorce, rental disputes, paying debts), the courts should be used only after other attempts to settle a matter have failed.
(Source: Public Legal Education Association of Saskatchewan. Reprinted with permission.)