Show  Imagine that you are shopping at the supermarket, and you slip and fall in a puddle of water from a broken freezer. You break your leg and wrist and must miss work. You subsequently file a lawsuit against the supermarket for your injuries. Your lawsuit is based upon negligence, which makes it an unintentional tort. A tort is a legal wrong. Typically, a tort is an act by one individual that causes harm to another person. The commission of the tort leads to civil liability, which is where one party must pay a monetary penalty. Negligence involves a failure on one party to act the way an ordinary, reasonable person would act. Negligence can result in a physical injury, property damage and other type of loss. An unintentional tort is one that is negligent, as opposed to intentional torts, which are torts done deliberately. For instance, intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress, libel, slander and trespassing. In these torts, the wrongdoer acts with a purpose to intentionally cause an action to occur. In contrast, unintentional torts occur when the wrongdoer does not intend to cause harm, but harm nevertheless results due to an accident caused by negligence. Generally speaking, the amount of damages a person gets from an unintentional tort case is less than that of an intentional tort lawsuit. This result usually occurs because there is a strong interest in punishing intentional wrongdoers as a matter of public policy. If the damages were accidental, there's less of a desire to punish a person. One way to gain a better understanding of unintentional torts is to review some examples. Let's say that Bob manufactures tires. Unbeknownst to Bob, there is a problem in the tire design. The problem causes the tires to burst at a certain temperature. Cindy is driving a car with Bob's tires and has a blowout. Cindy's car crashes into a ravine, and Cindy sustains serious injuries. In this instance, Bob has committed an unintentional tort because of negligence in the design of his tires. Bob did not intend to harm anyone, but injury still occurred, so the tort is not intentional. Let's look at another example. Pretend that you are eating a can of soup. After eating the soup, you become severely ill and require hospitalization. You miss work and are hit with huge hospital bills. The hospital later informs you that your medical tests show that you came down with botulism from the soup. You file a lawsuit against the manufacturer of the soup based upon the unintentional tort of negligence. The soup company did not purposely put botulism in the soup, so it was an unintentional tort.
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Back Injuries can occur for a variety of reasons. They can happen because another person was negligent or reckless, or because the person wanted to intentionally inflict an injury. Intentional torts occur when a person intentionally acts in a certain way that leads to another person's injury. Some common examples of intentional torts are assault, battery, trespass, and false imprisonment. FindLaw's Assault, Battery and Intentional Torts section provides information about the various acts that are considered intentional torts and the elements that a victim must prove in order to prevail in his or her case.
A tort is a civil wrong that causes harm to another person. Torts include a wide variety of actions, and the legal field of torts is split up into many subcategories. One of the ways torts are divided is by the mental state of the wrongdoer. When a person has the intent to perform a particular action, it's categorized as an intentional tort. There are various types of intentional torts, each with its own elements. Typical intentional torts are: battery, assault, false imprisonment, fraud, intentional infliction of emotional distress, defamation, invasion of privacy, trespass, and conversion. Assault and BatteryContrary to popular belief, assault doesn't require that the defendant make contact with his or her victim. Instead, assault is an intentional attempt or threat to inflict injury that places another person in fear of imminent bodily harm. Battery, on the other hand, is the intentional touching of the another person's in a harmful or offensive way, without consent. Although people seem to always say "assault and battery" together, they are separate torts and it's possible to have one without the other. It's important to understand that the intent required in an assault or battery is not the intent to cause injury, but rather the intent to perform the act that led to the assault or battery. For example, in order for a civil battery to occur, all a person needs to do is touch the victim without the victim's consent. It's important to note that this is different from criminal battery, which requires the intent to do harm. Battery in Special SituationsMany states have recognized battery in special situations. These situations can range from medical situations to sports to domestic violence. A medical battery can occur if a doctor performs a non-emergency procedure without obtaining consent first. This would be a medical battery because it would be an unauthorized touching of the plaintiff's person. Another example of a battery in a special situation is when toxic chemicals are involved. Although toxic torts usually involve claims of strict liability or negligence, claims of toxic battery have been successful in recent years. If a company illegally disposes of chemicals that result in harm or injury to people, it could be considered a toxic battery. As previously stated, the company doesn't need to have the intention to harm people, the company just needs to have the intention to dispose of the chemicals. Hiring a Personal Injury LawyerIf you or someone close to you has been injured as a result of an assault, battery, or another intentional tort, you may want to consult with a local personal injury attorney to see if you can recover for your injuries. It's in your best interest to contact an attorney as soon as you can after your injury to avoid exceeding the time limit in which a personal injury lawsuit can be filed.
Many civil lawsuits arise over "torts," which are acts committed by one person or business that end up causing harm to someone else. That harm can be in the form of a personal injury, damage to property, damage to reputation, or diminution in the value of something. Most torts are the result of negligence—which can be broadly defined as a careless act. But there is another subsection of tort law that encompasses intentional acts, and that's the focus of this article. Negligence vs. IntentIntentional torts require an element that most other torts do not. To commit an intentional tort, it follows that you must do something on purpose. This is in sharp contrast to "regular" torts, which don't focus on intent at all. Whether the tort is intentional depends solely upon the mindset of the person committing the tort (sometimes called the "tortfeasor" in legalese). For example, a car accident is just that, an accident. If neither party intended to hit the other, the case would be one of simple negligence. The offending driver had a duty not to drive his vehicle in an unsafe manner; he breached that duty by running into you, which caused you to sustain injuries and vehicle damage. All elements of a standard tort claim are met. However, if the person that hit you intended to strike your car and cause you bodily harm, he has committed the intentional tort of battery. The exact same accident with the exact same injuries has now become an intentional tort based upon the mindset of the tortfeasor. The difference between negligent and intentional conduct can be subtle, but it's also very important to both plaintiffs and defendants in intentional tort cases. If a defendant can prove that he or she did not intend to commit the act that caused harm, they may be able to avoid liability for the plaintiff's losses. In a regular negligence case, intent is irrelevant—and so lack of intent is not a valid personal injury defense. Learn more about proving fault in a personal injury case. Types of Intentional TortsThere are several common types of intentional torts. Fraud, misrepresentation, defamation, and false imprisonment are all usually considered intentional torts. So, too are assault and battery, and sometimes a wrongful death claim can arise from the commission of an intentional tort. Fraud occurs when someone commits an intentional, deceptive act to either benefit personally or to damage another party. Slander and libel involve intentionally making a false statement that ends up damaging the reputation of another. Slander involves verbal statements, while libel deals with published written statements. (Note: slander and libel, which are different types of defamation, are sometimes referred to as "quasi-intentional" torts because it isn't always necessary to establish the mindset of the defendant in these kinds of claims.) False imprisonment occurs when one party intentionally restricts the freedom of another. Assault and battery are closely related. An assault is an intentional act that places another person in apprehension of harm, whether or not harm actually occurs. Raising your fist to another person in anger—even if you don't throw a punch—might amount to assault, as long as the other person actually believes that they are in danger of being hit. Battery is the next step. You've committed battery if you throw and connect with the punch. Battery is defined as harmful or offensive contact with the body of another. Civil assault and battery are often grouped together. Wrongful death claims arise when one party claims that the negligent or intentional actions of another caused injuries resulting in death. Assault, battery and wrongful death are all civil actions, but like many intentional torts, they may also for the basis for a crime depending upon the laws of the jurisdiction. Intentional Torts vs. CrimesMany intentional torts are also crimes. The difference between the two is subtle but very important. A tort (intentional or otherwise) can result in a civil suit. This is a lawsuit brought by one private citizen against another. The loser of a civil suit may be found "liable," and can be subject to a judgment ordering the payment of monetary damages to the prevailing party. Even wrongful death or battery cases involve monetary damages. Crimes are very different. Criminal proceedings are brought by the state government against a party accused of violating a criminal statute. Criminal cases are not about damages. They are about protecting the public welfare and punishing wrongdoers for their transgressions. Battery is a prime example of an act that is often both an intentional tort and a crime. State and federal law classifies battery as a crime. A party accused of battery can stand trial, and if a jury of their peers finds that all the elements of criminal battery have been met, and the person is guilty of battery beyond a reasonable doubt, incarceration can occur. Regardless of the outcome of criminal proceedings, the battered party may file a civil suit seeking monetary damages from the accused. Learn more about assault and battery in civil and criminal law. One of the most famous illustrations of an intentional tort that is also a crime is the OJ Simpson trial. OJ Simpson was famously found not guilty of murder. However, subsequent to criminal proceedings, the families of the victims sued Simpson in civil court for wrongful death. Civil trials have a lower burden of proof than criminal trials, and as a result Simpson was held liable for the victims' deaths and was ordered to pay millions of dollars in damages to their families. For specific information on intentional tort law as it applies to your situation, it might make sense to talk with a personal injury attorney. |
Which scenarios would the nurse identify as a quasi intentional tort rather than an intentional tort
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