Tortfeasor

A “tortfeasor” might sound like a name we’d use for someone who makes delicious desserts—mmm, tortes—but in actuality, it means something a lot less sweet.

A “tortfeasor” is someone who’s committed a tort, or civil offense, and can then subsequently be sued for it. Tortfeasors can be individuals or other entities, like organizations or associations.

Our legal system divides wrongdoing into two broad categories: criminal offenses and civil offenses. Generally speaking, criminal offenses are things that cause damage to society, while civil offenses typically happen when one private entity causes personal damage to another private entity. Think: trespassing, defective product liability, domestic abuse, car accidents, etc. If it sounds like there’s some overlap there, there is, which is why someone can be prosecuted in both criminal and civil courts for the same offense. But when it comes to civil offenses, whether they’re committed on purpose or out of negligence, the law says that the victim, or plaintiff, can sue the tortfeasor for damages. The burden of proof is a lot lower in civil cases than it is in criminal ones, which means that, even if a tortfeasor isn’t found guilty of any criminal conduct, they can still end up paying civil damages.