Intentional Torts Claims

Intentional Torts are wrongful acts done on purpose. The person does not need to actually mean harm, but the other person ends up hurt anyway, such as in a prank. Or, the person can definitely mean harm, such as in domestic violence cases. Proving the act has been done on purpose is the trickiest part of these claims.

Torts are generally classified as either intentional or unintentional (negligent), with many different subcategories falling under each. Intentional torts are just one type of wrongful act that can cause harm to another person.

There is a unique element to intentional torts that separates them from other torts. To commit this particular type of tort, you must do something intentionally, and this does need to be proven to obtain the proper compensation you deserve in your case. This is in sharp contrast to regular torts, which do not focus on the intent at all to receive the proper compensation for their clients.

Elements of an Intentional Tort

To bring a successful intentional tort claim, a plaintiff generally must prove the following elements:

  • Act – The defendant took a voluntary action.
  • Intent – The defendant intended to perform that act (not necessarily intended the injury itself).
  • Causation – The defendant's act directly caused the plaintiff's harm.
  • Harm – The plaintiff suffered actual damages, whether physical, emotional, or financial.

Intentional Tort vs. Negligence (Unintentional Tort)

When you are determining whether or not the tort is intentional, the person's mindset is usually a larger factor in making this decision. A good example of this would be in a simple car accident case. If both parties did not mean to cause harm to one another, then this would not be classified as an intentional tort, but instead it would just be a case of simple negligence, also called an unintentional tort. But on the contrary, if the person who hit you had the intention of striking your car and, as a result, caused you bodily harm, then this person has committed an intentional tort of battery. So the exact same accident with the exact same injuries has now become an intentional tort based on the mindset of the person causing the accident.

Common Types & Examples of Intentional Torts

Intentional torts can happen in nearly any setting, from the roadway to the workplace to a hospital room. Common examples of intentional torts include:

  • Assault – Creating a reasonable fear of imminent harmful or offensive contact.
  • Battery – Actual harmful or offensive physical contact with another person.
  • False imprisonment – Unlawfully restraining or confining someone against their will.
  • Defamation (libel and slander) – Making false statements that damage a person's reputation.
  • Intentional infliction of emotional distress – Extreme or outrageous conduct that causes severe emotional harm.
  • Fraud – Intentional deception for personal or financial gain.
  • Trespass to property – Intentionally entering or interfering with someone else's property without permission.
  • Conversion – Intentionally taking or interfering with another person's personal property.
  • Invasion of privacy – Intruding on someone's reasonable expectation of privacy.
  • Medical –  Deliberately violating a patient's legal rights, such as performing treatment without consent, unlawfully restraining a patient, or intentionally misrepresenting a diagnosis or treatment. Unlike medical malpractice, these claims involve intentional conduct rather than negligence.

Defenses to an Intentional Tort Claim

Defendants facing an intentional tort claim may raise several legal defenses, including:

  • Consent – The plaintiff agreed to the act or contact in question.
  • Self-defense or defense of others – The defendant acted to protect themselves or someone else from harm.
  • Defense of property – The defendant used reasonable force to protect their property.
  • Necessity – The defendant's act was necessary to prevent a greater harm.
  • Lack of intent – The defendant can show the act was accidental rather than deliberate, which may shift the claim toward ordinary negligence instead.

If someone is charged with an intentional tort and they can prove that they did not commit the act intentionally, then they can avoid liability for the plaintiff's losses.

How The Cochran Firm Can Help

Determining whether a case involves an intentional tort or negligence can be complex, and that distinction can have a significant impact on your legal options. The Cochran Firm can evaluate the facts of your case, explain your rights, and pursue the compensation you may be entitled to. 

Contact us today for a free, no-obligation consultation.