What Is An Intentional Tort?
Brian O Sutter
Personal Injury
A tort is defined as a wrongful act that causes an injury. A tort can be the result of either negligent acts or intentional acts. An intentional tort is when a person, business, or organization intentionally caused the injury. Intentional torts usually require legal action to ensure the perpetrator is punished and the victim is compensated for their injury.Types of Intentional Torts
There are several actions that can qualify as an intentional tort. Here are some examples of the most common types of intentional torts:
- Assault: Assault is a threat or an attempt to injure another person.
- Battery: Battery is hitting someone. Battery includes everything from punching or slapping a person to throwing projectiles to even shooting someone.
- Wrongful death: Wrongful death is when the actions of one person cause the death of another.
- Infliction of emotional distress: Infliction of emotional distress is when a person has used extreme behavior to scare or threaten another person.
- Defamation of character: Defamation of character is when one person tells a damaging lie about another person.
- Invasion of privacy: Invasion of privacy is when someone commits any act that infringes on another person’s right to privacy.
- Trespass: Trespass is when a person uses another person’s property without the express permission of the owner.
- Conversion: Conversion is the theft of another person’s property.
- Fraud: Fraud is when one person deliberately misleads or lies to another person.
Intentional Torts And Crime
In most cases intentional torts are also crimes. Assault, battery, conversion, trespass, and fraud are almost always crimes. In the case of crimes, the defendant will usually have to go to criminal court. However often times an intentional tort lawsuit will accompany a criminal lawsuit. If the individual is found guilty in criminal court, it will bolster the intentional tort claim. However if the individual is found not guilty in criminal court, an intentional tort lawsuit may be a way to still seek justice.
Proving Intent
The key difference between an intentional tort and a negligent tort, is that in an intentional tort is there has to be intent behind the harm caused. Intent, also referred to as “tortfeasor”, can be hard to prove. Tortfeasor falls into two categories:
- General intent: General intent is when the perpetrator intentionally caused damage to another person or their property.
- Specific Intent: Is when a person caused damage to another person or their property hoping for a specific outcome for their actions.
Proving tortfeasor, whether general or specific intent, requires evidence. The evidence can be direct like witness testimony or physical proof of intent or circumstantial evidence which is evidence that calls into question the intent of the defendant. The degree of difficulty of proving intent usually depends on the type of tort. Some torts like assault and battery are easier to prove, while others like infliction of emotional distress or fraud are more difficult to prove. Regardless of the case, the best way to prove intent is to hire an attorney to help you gather and interpret evidence.
Risk Of Intentional Tort Cases
Unfortunately an intentional court case comes with a big risk. If you lose your case, or if the defendant is found innocent in a criminal case, civil case, or even when first notified of the legal action, they may counter sue you for defamation or malicious prosecution. So it is crucial that you have a good attorney, like the experienced professionals at All Injuries Law Firm, to help protect you. Our attorneys have years of experience with intentional tort cases and can help you gather the right evidence to prove intent and ensure that you do not end up the victim twice. So contact us today for a free consultation and we will help you decide if an intentional tort lawsuit is right for you!