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Understanding Intentional Liability and Torts

Personal injury cases involve acts that are committed by individuals that cause harm to another party. There are different types of harm that include personal injury and property damage.

But these actions may be the result of negligence or some other careless act without the intent to harm another person. Others are those that were committed intentionally.

As a result, intentional liability and torts are areas that must be considered when seeking compensation for personal injuries.

The following will help you identify intentional liability so that you and your attorney can determine the best options for getting compensation for your injuries and losses.

Torts With Intention

Intentional liability is the result of a person’s intent to take a specific action irrespective of any resulting harm or damages. In other words, a person may intend to commit an act, but may not intend for that act to cause harm.

In some cases, harm and damage to property may have been intentionally committed. In either case, an intentional tort has been committed, and courts must review the evidence and circumstances when making a judgment on your claim.

The following are common forms of intentional torts:

  • Assaults
  • Battery
  • Fraud
  • Defamation
  • Trespassing

Battery occurs when one individual physically harms another. An assault is an attempt at battery and includes threats of injury made to another party.

Fraud and defamation occur when false statements are made that result in some form of harm. Fraudulent statements are those in which one person had the intent to cause another person to rely on those statements and lead to a harmful result.

Defamation includes false statements that are made about another person, impacting his or her reputation and causing other types of harm.

Trespassing is the act of occupying some property without legal permission. Inflicting emotional distress and false imprisonment are other examples of intentional torts.

Intentional Liability and Negligence

Intentional liability laws are distinct from torts that don’t consider an individual’s intent. The mindset of the person who committed the act is what ultimately determines the type of torts and laws that will be applied.

Automobile accidents occur as a result of negligence. In most cases, neither party intends to collide with the other. But intentional liability can be established in cases where a driver intentionally strikes another automobile or person.

The presence of a person’s intent is irrelevant in cases involving negligence. But in others that involve willful actions, defendants may argue that they did not have any intent to cause harm despite the evidence that is presented.

Crimes and Intentional Liability

Actions that cause harm to others may also be considered crimes. Torts are actions between two individuals that result in civil lawsuits while crimes are those that are viewed by the state as a threat to the public’s wellbeing.

Battery and assaults can be classified as both torts and crimes. Criminal and civil lawsuits may be filed in these cases.

A civil lawsuit requires a lower burden of proof, and it can be an effective way for you to obtain the compensation you deserve.

If you’ve suffered a personal injury as a result of some tort, it’s important to understand how intentional liability impacts your case. Consulting with a skilled personal injury attorney is the first step to achieving the outcome you’re seeking.

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