Tort
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TORT

Tort: n. from French for "wrong." A tort is a civil wrong or wrongful act, whether intentional or accidental, which results in injury to another. Torts include negligence as well as intentional wrongs. Some intentional torts may also be crimes, such as assault, battery, wrongful death, fraud, theft and trespass.

To maintain a tort claim against a director in his or her personal capacity, a plaintiff must first show that the director specifically authorized, directed or participated in the allegedly tortious conduct (United States Liab. Ins. Co. v. Haidinger-Hayes, Inc., supra, 1 Cal.3d at p. 595); or that although they specifically knew or reasonably should have known that some hazardous condition or activity under their control could injure plaintiff, they negligently failed to take or order appropriate action to avoid the harm. The plaintiff must also allege and prove that an ordinarily prudent person, knowing what the director knew at that time, would not have acted similarly under the circumstances. (Frances T. v. Village Green Owners Assn (1986) 42 Cal. 3d 490, 508-509.)

Association directors may be sued for tortious conduct only if they personally directed or participated in the alleged tortious conduct. (Ritter & Ritter v. Churchill Condominium Assn (2008) 166 Cal.app.4th 103, 120-121.)

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