Common Types of Intentional Torts
According to Cornell Law School, torts occur when an act or omission that gives rise to injury or harm to another results in a civil wrong for which courts impose liability. There are different types of torts that all aim to provide relief to injured parties. The primary way that this is done is by holding the entity responsible for the injury liable.
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if you feel you’ve been unjustly injured by an intentional tort.
What are the different types of torts?
There are three basic categories under which torts fall. These are umbrella terms that encompass a wide range of actions and injuries. The three types of torts are:
- Intentional tort
- Negligent tort
- Strict liability tort
These have varying degrees of liability, but the legal theory places blame on another party other than the injured individual.
This type of tort’s meaning is akin to its name. In these instances, the defendant knowingly, or should have known, that their actions or omissions would cause harm. These are situations like intentionally pushing another individual. There are several different types of intentional torts.
These torts do not result from the direct action of the defendant. Rather, negligent torts happen when a party fails to adhere to a certain standard. Negligence is at the core of these torts. A landlord who fails to fix a known leaking roof and instead hides it, resulting in a slip and fall accident, would be considered a negligent tort.
Strict Liability Torts
Intentional and negligent torts focus on the actions and inactions of the defendant. Strict liability torts do not. In these circumstances, litigation focuses on whether or not a harm or specific outcome manifested. Producing and selling faulty products would be an example of this type of tort.
Types of Intentional Torts
Since an intentional tort occurs when a hurtful act is inflicted upon another, there can be a range of different types of harm. This doesn’t always have to be physical harm; it can include damages to image and emotional harm as well. It can be as severe as death. There are several common types of intentional torts that include the following:
Putting an individual in fear of battery is assault. This means that the individual is in fear of imminent, unlawful bodily touching. Assault is considered more than just a threat, though a threat can be an intentional tort with the infliction of emotional distress.
Battery is the unlawful bodily touching of another person. This is both offensive or harmful touching. Aggressive touching like pushing or hitting can be battery, as can inappropriate sexual contact. This type of unsolicited battery is considered sexual assault.
When property is taken from the owner with the intention to deprive, conversion occurs. In general terminology, conversion is theft. There is no intention to return property that was unlawfully taken.
Spreading false information with or without the intent to cause harm to another individual is defamation. A defamation claim is often initiated by a public figure, but it doesn’t have to include an individual of a certain social standing. Defamation laws are designed to prevent individuals from knowingly spreading falsehoods or disregarding the truth.
When the goal of taking money or property from another is determined, fraud occurs. This is done through dishonesty or cheating. There is a known intention to do so by the defendant.
Interference with a Contract/Business Relationships
In situations when a contract or relationship is established, actions that interfere with those established norms commit an intentional tort. In these circumstances, one party does not adhere to the predetermined negotiations. This can be intentional or with reasonable neglect to know.
Intentional Infliction of Emotional Distress
When the victim suffers severe harm that results in emotional instability, it is classified as an intentional tort. This happens when an individual intentionally—and sometimes continually—harasses, bullies, threatens, or engages in another action that causes the victim emotional distress.
Invasion of Privacy
In Nevada and across America, every individual has a reasonable right to privacy. When an individual fails to respect another’s privacy right, they are liable for this tort. This does not have to be intentional.
Trespass to Chattel
Interfering with someone else’s personal property is trespass to chattel. This could include taking their belongings or preventing an individual from accessing their property.
Trespass to Land
Going onto or interfering with an individual’s land or real estate is considered trespass to land. Typically, this happens without the permission of the owner of that land. Other situations include property line disputes when you’ve built on or encroached upon their land.
Common Questions that Arise about Torts
There are numerous other classifications of torts. This is just a general idea of some of the more common ones. Due to the wide array of torts, there can be some confusion in understanding them. Common questions include:
- What are the different types of torts?
- Does defamation have to be intentional?
- Can you sue a city for personal injury?
From defamation laws to understanding the infliction of emotional distress, torts can raise a number of questions.
What’s the difference between Conversion and Trespass to Chattel?
In both situations, an individual’s property is affected. In conversion situations, the property is taken by an individual with no intention of returning the item. Trespass to chattel might be unlawfully preventing a property owner from accessing their vehicle from a storage garage. In this situation, the person did not take the vehicle but is still unlawfully preventing the owner from accessing it.
What’s the average settlement for Invasion of Privacy?
The settlement amount depends on several factors. Determining what type of invasion took place is critical to determining the amount. Additionally, jail time might also be a result. Settlements can range from $100 to $250,000, depending on the case.
Does Defamation have to be intentional?
Intent does not have to be established in a defamation case. Defamation could have taken place if what was said can be established to be untrue and to cause harm. Defamation laws can be difficult to establish, but the party who caused the harm did not have to do so intentionally.
Work with an Intentional Tort Lawyer
If you feel you’ve been a victim of any of these types of torts, it’s time to contact your local intentional tort attorney. They’ll be able to evaluate your case and discuss what claims you may have.
Tort | Wex | US Law | LII / Legal Information Institute
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