State courts make tort law through common-law elaboration rather than legislation.

Evidence

Tort law deals with civil wrongs (other than breach of contract) that result in death, personal injury, or property damage, for which a person can sue to recover damages. Tort law cases range from suits in “fender bender” traffic accidents to cases of medical malpractice to personal injury cases resulting from defective or dangerous consumer products. State courts largely prescribe the rules governing tort law cases through their elaboration of the common law. — G. Alan Tarr, Judicial Process and Judicial…, 3398

Categorization

• DEFINE: Defines tort law and its scope, from fender benders to medical malpractice and product liability, and identifies state courts as the primary rule-maker.