Categories Of Personal Injury Instances Under “Intentional Tort”
While most personal injury lawsuits are rooted in negligence (automobile accidents being a prominent example), certain claims of injury may occur when somebody intentionally causes harm to another individual, which is known as “damages” in civil law.
David Goguen, J.D., University of San Francisco School Of Law, updated by Coulter Boeschen, Attorney (University of Michigan Law School, states that “While most injury-related civil actions happen from accidents, but deliberate torts are instances in which someone intentionally causes injury to another person.”
Here are a few instances of what is covered under the category of “damages”:
- False Imprisonment
- Battery and Assault
- Defamation
- Conversion (which is essentially the stolen crime’s civil law counterpart)
Let’s Understand The Term “Intentional Tort”!
A person who intentionally causes injury to another person is said to have committed an intentional tort (as opposed to harm that is caused by negligence, such as injuries caused by a car crash or some other sort of mishap).
Some courts will hear cases where the defendant intended to cause intentional tort, to perform any act that injured the plaintiff, but none of the previously established categories fit the facts.
Hence, intentional tort lawsuits in civil courts are typically judged on allegations that the defendant (the party which brought personal injury intentionally to the plaintiff, who is bringing the lawsuit or is psychologically or physically harmed), This harm can fall under assault, false imprisonment, conversion, trespassing on private property, fraud/deception, and defamation.
Study more about deliberate torts versus negligence-based damage cases to better comprehend the differences between these types of claims based on purposeful behaviour and those based on an accident.
Let us examine the various acts that may result in a purposeful tort case in more detail:
Assault And Battery
In a civil proceeding, assault and battery are two closely related terms but typically separate allegations. An intentional harm that leads another person to apprehend or fear an offensive contact or immediate harm, is termed as assault. When the defendant deliberately makes an injurious touch or offensive act, with the plaintiff, because of their intentional behaviour, is considered a battery.
To present it simply, an assault entails the threat of harmful contact, but a battery entails the actual occurrence of offensive or hurtful touching. A criminal case may also stem from battery and assault.
False Arrest and Imprisonment
When a defendant uses actual force or threats to use actual force to hold or restrict the plaintiff’s freedom of movement, they may be accountable for false imprisonment. False Imprisonment can occur from an unlawful detention, followed by legitimate arrest or from an unlawful detention without an arrest. Hence, false arrest, which is frequently seen as a form of false imprisonment, occurs when the defendant forcibly holds the plaintiff at the time of the arrest.
Keep in mind that anybody can be held accountable for wrongful arrest and false imprisonment -not just police officials or other authorities like a private security guard or store owner.
Fraud/Deceit
The term “fraud” is highly general and can refer to many different types of misrepresentations, deceptions, and scams. A more precise form of fraud known as “deceit” is typically used to characterise a defendant’s deliberate act of providing the plaintiff with a damaging and harmful false misrepresentation.
Intentional Infliction Of Emotional Anguish
When a defendant engages in “extreme or outrageous” behaviour, it is usually negligent or purposefully done, so that the plaintiff suffers significant emotional distress. Outrageous or extreme conduct is difficult to define precisely and is typically up for interpretation by the judge or jury. However, it is widely understood to mean acting beyond the bounds of decency and is completely intolerable and unacceptable in a society or community that is civilized.
Conversion
The civil law counterpart of theft is called conversion. For any act that happens, without the permission of the plaintiff, a conversion takes place. When the defendant “exercises control and dominion, over the plaintiff’s property, without the plaintiff’s consent, it is termed as conversion. However, the damages will vary based on the duration in which the plaintiff was deprived of the property -including whether it was lost, destroyed or otherwise. Hence, conversion takes place regardless of whether the defendant gives the plaintiff back the property.
“Catch-All” Intentional Tort
When the circumstances of a case do not fall under any of the other intentional tort types covered above, some states recognise a “catch-all” intentional tort. The plaintiff usually must demonstrate that the defendant intentionally caused harm to the plaintiff, even though the standards differentiate between states. In many states, the defendant must have intended to damage the plaintiff in addition to just intending to conduct the act that caused the harm.
Getting Legal Assistance For An Intentional Tort Case
One cathartic and powerful option to make amends is to file a civil action for damages caused by violence, false imprisonment, or other malicious behaviour, but there may be several obstacles in your path.
That is why speaking with a qualified legal expert about your situation and available options could make sense for you. Find out the legal services that a personal injury attorney may provide, as well as how to choose the best injury advocate for your situation. Additionally, you can get in touch with a knowledgeable personal injury attorney in your region by using the tools on this website.
