What is Intentional Tort?

An intentional tort is a deliberate act that causes harm to another person or their property. Unlike negligence, which involves unintentional harm due to carelessness, an intentional tort occurs when someone purposefully engages in wrongful conduct. This area of law allows victims to seek compensation for damages caused by actions such as assault, battery, false imprisonment, and intentional infliction of emotional distress.

What are common examples of intentional torts?

Intentional torts encompass a range of harmful actions that are done deliberately. Some of the most common examples include:

• Assault – Threatening someone with imminent harm, even if no physical contact occurs.
• Battery – Physically harming another person without their consent.
• False Imprisonment – Unlawfully restricting someone’s movement without legal authority.
• Intentional Infliction of Emotional Distress (IIED) – Engaging in extreme or outrageous conduct that causes severe emotional trauma.

Each of these torts requires proof that the defendant intended to commit the act and that it directly resulted in harm to the plaintiff.

How do intentional torts differ from negligence?

Intentional torts and negligence both fall under personal injury law but differ significantly in intent and legal consequences.

• Intentional torts require deliberate actions, while negligence results from carelessness.
• Negligence cases require proving duty of care, breach, causation, and damages, whereas intentional tort cases focus on proving intent.
• Damages in intentional tort cases may include punitive damages, which serve to punish the defendant and deter future misconduct.

Understanding the distinction is essential, as it affects how a case is litigated and what types of compensation may be available.

What damages can victims of intentional torts recover?

Victims of intentional torts may seek various forms of compensation, depending on the severity of the harm and the circumstances of the case. These damages include:

• Compensatory Damages – Covering medical expenses, lost wages, and pain and suffering.
• Punitive Damages – Intended to punish the wrongdoer and prevent similar future conduct.
• Nominal Damages – Awarded in cases where rights were violated but little to no financial harm occurred.

Because intentional torts involve deliberate wrongdoing, courts often award higher damages compared to negligence cases.

Can intentional torts lead to criminal charges?

Yes, many intentional torts also have criminal counterparts. For example:

• Assault and battery can lead to both civil liability and criminal charges.
• False imprisonment may be prosecuted as unlawful restraint or kidnapping.
• Fraud and defamation can have both civil and criminal repercussions.

Victims can pursue a civil lawsuit for financial compensation while the government may file criminal charges against the wrongdoer. The burden of proof in civil cases is lower than in criminal cases, making it possible for a defendant to be found liable in a civil case even if they are acquitted in criminal court.

Conclusion

Intentional torts involve deliberate actions that cause harm to individuals or property. Common examples include assault, battery, and false imprisonment. Unlike negligence, which is based on carelessness, intentional torts require proof of intent. Victims may recover compensatory and punitive damages, and in some cases, wrongdoers may face criminal charges. If you believe you have been harmed by an intentional act, consulting with a personal injury attorney can help you understand your legal options.