A tort is harm that is committed by another person or entity that is usually physical. Harm can include property damages or reputational harm. While most torts are caused by carelessness and are an accident, some torts are intentional. A negligent tort is easier to prove than an intentional tort, as the plaintiff must show the defendant purposely caused the harm. Intentional torts may include assault, battery, false imprisonment, trespass, or conversion. If you have been a victim of an intentional tort, use this form to request a free case evaluation by a tort attorney.
When Is a Tort Intentional?
Sometimes, it is very clear when a tort is intentional. In other circumstances, it may be difficult to tell if the tort is negligence or intentional. The state of mind of the person who did you harm — the tortfeasor — is part of what determines whether a tort is intentional or negligent. Let’s look at a vehicle accident: If a person is making a right turn on red without looking and hits you, the tort is most likely negligent because the person was careless. However, in the same scenario, if the driver who hit you was angry at you, the tort could be the intentional tort of battery.
Showing Intent: Cause of Action Intentional Torts
If you sue someone for an intentional tort, you will need to show that the person who caused the harm willfully and knowingly caused the harm or was being reckless. In a nutshell, you must show that the defendant caused the harm on purpose and that they knew those actions would cause harm. You may also show that the defendant acted without showing caution.
Causes of Intentional Torts
Some causes of intentional torts may include:
- Private or absolute nuisance: The deprivation of rights to use and enjoy your land.
- Misrepresentation and nondisclosure: If information withheld by a defendant causes you harm, and the defendant knew it would cause you harm, you may be able to sue the defendant for an intentional tort. For example, you buy a vehicle, but the defendant doesn’t tell you the brakes are bad before you test-drive it because the defendant holds a grudge against you. You test-drive the vehicle and get into a wreck, hurting yourself in the process. If you can show intent, you may have a case for the intentional tort of battery.
- Economic relations: Direct interference with business relationships, prospects or agreements. The loss must be quantifiable, and the plaintiff must be able to show intent.
- Misuse of legal procedure: This includes malicious prosecution, abuse of process, or wrongful civil proceedings. Again, you have to be able to show the intent of harm for this to be considered an intentional tort.
- Domestic relations.
- Product liability: This is generally a negligent tort unless you can show that a manufacturer or product vendor purposefully created a product to harm you.
- Survival and wrongful death.
Contact an Intentional Tort Lawyer
If you have been intentionally harmed or your property has been deliberately damaged, contact an intentional tort attorney at Morgan & Morgan with a free case evaluation. With us, you’ll enjoy the advantages of having a full legal team by your side and know you’re getting the best possible service and results. From start to finish, our attorneys and supporting legal staff treat every client like family. With more than 700 attorneys across 16 states, we have the resources necessary to fight for you better than anyone else.