Torts occur when a person’s behavior causes another person harm. As implied by their name, intentional torts happen when someone’s intentional act causes harm. These torts are limited to acts such as assault, battery, conversion, false imprisonment, infliction of emotional distress, fraud, trespass, defamation and privacy invasion.
Some courts allow intentional tort cases where defendants intentionally commit an act that doesn’t fit any of the above mentioned categories. Intentional torts involve a higher level of wrongdoing, and as such are punished more severely. If you sue and win an intentional tort case, Personal Injury Attorneys in Longview TX can often help you get punitive damages.
Intent
In intentional tort cases, Martin Walker, P.C. Attorneys at Law must prove that the defendant intentionally committed the act that caused harm. A plaintiff doesn’t have to prove that there was specific intent to harm; they only have to prove that the intentional act was substantially likely to result in harm. If that is the case, the defendant will be punished as if the harm was intentional. If the results were less than certain, the defendant will be punished for negligence and/or recklessness.
Intentional Torts and Vicarious Liability
In vicarious liability, a parent, employer or other authority figure is liable for the behaviors of their subordinates. Vicarious liability only exists if the subordinate committed the act while working on behalf of their authority. For instance, hospitals are held liable for nurses’ actions. Liability is limited in cases of parents’ responsibility for their children’s behavior, as state laws are continuously changing.
Intentional Tort Defenses
A personal injury attorney defending an intentional tort client can use many of the same defenses used in general tort cases. The most frequently used are defense of property and self, and consent. With the consent defense, the main issue is whether the plaintiff consented to the act, or whether they were misled. Consent cannot be used as a defense if it was given under duress. If the defendant acted in defense of property, self or someone else, the question is whether their actions were proportional to the threatened harm. If you are facing an intentional tort lawsuit, or you’ve become the victim of someone else’s intentional act, call Personal Injury Attorneys in Longview TX to discuss your legal options.
