“Tortfeasor” means a person or organisation that commits a tort, which is a civil wrong that causes another person injury or loss. The term is common in personal injury and insurance law. A driver who negligently causes a car accident, for example, may be referred to as the tortfeasor. The term can also apply to companies, property owners, manufacturers, medical providers, or other entities when their conduct creates legal liability. Calling someone a tortfeasor assumes that the requirements of the relevant tort can be established. In a negligence case, that usually involves proving a duty of care, breach of that duty, causation, and damages. Insurance policies and statutes sometimes use the word when discussing claims against an at-fault party. If the tortfeasor has liability insurance, the insurer may defend the claim and potentially pay covered damages up to the applicable policy limits.
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