Common Types of Intentional Torts

Most personal injury cases are based on the concept of negligence, which generally means something like “carelessness.” However, some cases involve a person’s intentional actions or misconduct. These intentional torts make up a subset of personal injury cases and can provide the basis for a legal claim against the wrongdoer when their actions injure others. 

Some of the most common intentional torts named in personal injury cases include the following:

Assault

Assault is a crime and an intentional tort. The criminal offense describes assault as doing any of the following:

  • Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury to another 
  • Negligently causing bodily injury to another with a deadly weapon
  • Attempting to put another in fear of imminent serious bodily injury by physical menace
  • Concealing or attempting to conceal a hypodermic needle on one’s person and intentionally or knowingly penetrating law enforcement officers or mental hospital staff with it during an arrest or search

If you were injured because of an assault, you may have the right to make a civil claim against the attacker. Additionally, you may have a valid premises liability claim against the property owner on the basis of negligent security if they failed to take reasonable actions to prevent criminal conduct from hurting you. 

Sexual Assault

Sexual assault and abuse are also intentional torts. You may have a viable claim against the attacker, as well as anyone else who had a duty to protect you from these insidious actions, such as property owners, organizations, or employers. 

Nursing Home Abuse

Nursing home abuse can take many forms, including financial, physical, or emotional. When a nursing home is understaffed, hires workers with a dangerous background, or fails to properly monitor workers and residents, it can be held legally responsible for the abusive worker’s intentional actions.

Other Types of Intentional Torts

Various other intentional torts exist, including:

  • Conversion: Conversion is another word for theft. You can seek compensation from the party who intentionally stole your property. 
  • Trespass to chattel: Trespass to chattel involves interfering with someone else’s property, such as preventing someone from rightfully accessing it.
  • Trespass to land: Trespass to land occurs when someone intentionally enters another person’s property without their permission or the lawful right to enter it.
  • Defamation: Defamation involves saying something false about another person that damages their reputation. Depending on the target of the false information, defamation can be based on intentional or negligent conduct. 
  • Invasion of privacy: You may have a claim against a party if they violated your reasonable expectation of privacy. 
  • Fraud: Fraud involves using deception to take money or property from another.

Additionally, some types of personal injury cases that are usually based on negligence can be due to intentional actions instead. For example, a “car accident” can be caused by road rage when a motorist intentionally slams their vehicle into another’s.

An experienced attorney can review the circumstances surrounding your case and explain if you have viable legal grounds to file a personal injury claim.

If someone else intentionally injured you or a loved one, you may have grounds to file a legal claim for compensation. An experienced personal injury attorney can investigate your case, gather evidence, and advance your legal interests. Call for your free case evaluation. 

If you’ve been injured in a personal injury, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

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