Tort of Another Doctrine Law and Legal Definition

The Tort of another doctrine is a limited exception to the general rule that each party to litigation must pay their own attorney’s fees. This doctrine allows the plaintiff to collect his/her attorney fees from the defendant, if the plaintiff is forced engage a counsel to prosecute or defend an action against a third party because of the tort of the defendant. This doctrine does not permit the recovery of attorney’s fees where there is no tortious conduct or duty owed by the opposite party. This rule is personified in the Restatement of Torts and is generally followed in the United States.