Prima Facie Tort Law and Legal Definition

Prima facie tort is a facial tort, that is a rebuttable determination of the existence of a legal duty, breach of that duty, and damages which flow therefrom due to proximate and legal causation.

Every prima facie tort consists of the following elements:

1) The existence of a legally recognized duty of the defendant to the plaintiff,

2) A breach of that duty by the plaintiff, and

3) Proximate and legal Causation.