The only basis of liability in tort is negligence, and the modern law of negligence is founded on two great principles. The first is that a duty of care is owed by everyone to everyone else. The second is that such duty of care may be breached by carelessness.
But, sometimes defendants are culpable for the victim’s injury and/or damage to property caused by an action where there was no negligence on the defendants’ part. This paper gives a detailed account of Intentional Torts as well as Negligence in personal injury, and their difference.
Torts occur when someone acts improperly and threatens the safety, tranquility, or freedom of another. When a person intentionally commits a tort, that is called intentional tort. The act of not acting carefully enough is known as negligence or negligent torts. Here are some things you should know about intentional torts versus negligence in personal injury.
Negligence: What does it mean?
Whenever someone doesn’t exercise enough care and caution to prevent someone else from getting injured, they have acted negligently. The definition of negligence is not taking reasonable measures to avoid harm to others.
We have a duty not to act in such a way that threatens the lives of others as we go about our daily lives. Damages are due to victims when a negligent person violates their duty of care and causes them harm.
Negligence claims must include four elements:
- A person is in a situation in which they are required to act carefully. It is the responsibility of drivers on the road to drive carefully to ensure the safety of everyone.
- Another component of a negligence case is that the defendant must not have acted as carefully as they should have.
- The failure must then cause someone else to suffer a loss or injury.
- In addition, the victim must have suffered physical, psychological, or property damage.
Intentional Tort: What is It?
When someone does something intentionally, it is called an intentional tort. That is, someone intends to do anything that causes your damage on purpose. The battery is regarded as a deliberate tort. You can sue for damages if someone intentionally hits you.
Trespassing, theft, causing emotional distress, and wrongful imprisonment are all examples of deliberate torts. This category also includes the intentional infliction of emotional distress, which happens when a person participates in behavior with the intent of inducing extreme dread in another person. In addition to emotional distress, this can result in physical injury. Other frequent intentional torts include wrongful death, which occurs when someone dies as a result of someone else’s conduct, fraud, defamation, and breach of privacy.
How do Negligence and Intentional Tort Differ?
The primary distinction between an intentional tort and negligence in tort law is that an intentional tort arises when somebody acts on purpose, whereas negligence occurs when someone fails to meet the required standard of care. In an intentional tort, an individual may not have intended all of the damages that occur, but their actions have the intent to cause losses to the harmed parties. In the case of aggravated assault, for example, they plan to hit you.
The majority of car accidents are caused by human error. The majority of the time, a driver does not damage you on purpose. Rather, they commit negligence by making a driving blunder that results in an accident. A person who intentionally strikes you or your vehicle with a vehicle, on the other hand, has committed an intentional tort.
When someone throws a ball at you and it strikes your nose, that is an intentional tort. The ball was thrown at you know you would probably be hit in the face, so it is considered battery. A negligent act is throwing the ball at a wall and having it bounce and then strike you in the face.
The Difference Between Intentional Act and Intentional Consequences
A jury can presume that a defendant intended the natural consequences of his or her actions in an intentional tort case. To put it another way, if someone attacks you, their claim that they didn’t want you to get hurt is not a valid defense.
Stolen cars aren’t a defense for the person who stole them because they didn’t want you to be without a car. It is crucial to determine whether someone intended to pursue a particular action knowing the result is likely. This involves personal injury law and criminal law.
The Joint and Several Liability and the Contribution Right
In the case of an intentional tort, all of the culpable defendants must pay all of the damages. This differs from a negligence case, in which the defendant is only responsible for their portion of the damages.
Assume an intentional tort, in which two people hit you on purpose and you suffer injuries as a result of the defendant’s acts. In this scenario, each defendant is responsible for paying all of your losses and then recovering any overpayment from the other defendants.
You are not entitled to a twofold recovery in these circumstances. Both defendants, however, are liable for the full claim because they acted maliciously. Joint and several liability is the legal term for this situation.
Crimes and Torts with an Intention
It’s also true that many intentional torts are crimes. For instance, assault, battery, and theft are all crimes. An intentional act may or may not result in criminal charges when you file a civil claim against someone. A state prosecutor authorizes criminal charges, conducts prosecutions, and determines whether a plea deal will be extended.
Someone must be proved guilty beyond a reasonable doubt in order to be convicted. The legal standard in criminal cases is much higher than in civil cases. It is only by a preponderance of the evidence that you can win a civil case for an intentional tort. You are also typically able to recover more damages in a civil case than in a criminal case in most personal injury cases. Consult Siman Law Firm in Los Angeles for further assistance,