Tort Law is a part of civil law in Singapore that protects the citizen against damages or injuries caused by infringement of rights by another party.

The legislation is based on personal injury law. It includes provisions for compensating the plaintiff based on losses incurred and damages caused by the defendant.

It provides remedial measures to help the victim reinstate their initial condition before the incident.

Tort Law in Singapore also ensures the defendant does not repeat their offence in another instance in the future.

The punishment is usually enforced as a monetary penalty or an appropriate injunction.

The legislation also allows compensation for damages caused by defective or malicious products.

The laws pertain to situations broadly classified into three categories –

• Unintentional torts – based on negligent action.
• Intentional torts – such as claims for the battery.
• Strict liability torts – based on damages from unique circumstances like hazardous material or product liability claims.

A negligence case can be framed if the damages were the sole responsibility of the defendant and could have been voided had they been more competent and aware.

For the plaintiff to sue for negligence, two significant determinants are involved –

• Proximity:

The claims made by the victim must clarify how closely the defendant’s actions are bound to the incident.

Proximity could be physical or entirely circumstantially (such as an employee and employer)

• Policy:

The claims made by the plaintiff are valid if there is no legally binding contract agreed upon by both parties before the incident.

If the defendant and plaintiff have equal bargaining power, the duty of care owed by the former could be limited.

The incident affecting the victim should be a direct consequence of the defendant’s knowledge and actions.

There should be no viable explanation for the accident other than negligence.

However, the duty of care is not breached in case an external event is the result of the accident.

For instance, the victim sustained a fracture for slipping on an unmarked wet floor. The defendant would be liable for the damages.

In case the victim fell on the floor, and the injury was caused by another person falling on them, it would void the tort claims.

The damage caused by negligence should also be foreseeable by the defendant. The case would hold up in court if the defendant could have responded differently.

Singapore Tort Law also provides legal assistance for psychiatric trauma if the plaintiff can give substantial evidence.

The law also protects people with disabilities and medical conditions against any foreseeable injuries caused by the defendant’s actions.

How to get a claim under the Work Injury Compensation Act (WICA)?