Intentional Torts and Personal Injury Lawsuits

Intentional torts involve deliberate actions that cause harm. Imagine someone purposely shoving another person, causing them to fall and break their arm. This is different from someone accidentally bumping into another person and causing a fall. The first scenario might be an intentional tort, since the person meant to cause harm. The second might be negligence, since the person acted carelessly but didn't intend to hurt anyone.

Common Types of Intentional Torts

Several types of intentional torts frequently appear in personal injury law. Assault generally involves an act that causes another person to fear imminent harm. For example, raising a fist in a threatening manner could be assault, even if no physical contact occurs. Battery requires intentional and unauthorized physical contact that is harmful or offensive, such as deliberately pushing someone in a store. False imprisonment occurs when a person restricts another person’s movement without legal justification. For instance, a store owner locking a customer in a back room because they think the customer stole something, even without proof, could be false imprisonment.

Some intentional torts do not cause physical injuries. Defamation includes spoken or written falsehoods that harm a person’s reputation. For example, falsely accusing someone of a crime could be defamation. Fraud often occurs when someone knowingly provides false information that causes harm, such as a car seller deceiving a buyer about major mechanical failures. Intentional infliction of emotional distress arises when a defendant’s extreme or outrageous behavior causes severe emotional suffering. These are instances that go far beyond simple insults or minor annoyances.

Potential Defenses

Defendants in intentional tort cases may argue that they’re falsely accused or that any contact was consensual, such as in certain sports where physical contact is expected. Self-defense may be another defense if the defendant’s actions were intended to protect against immediate harm or a genuine threat. For example, someone might use force to defend themselves against an attacker. In other cases, if the facts suggest that the conduct was unintentional, a negligence claim might be more appropriate.

Transferred Intent

In some personal injury cases, the doctrine of transferred intent applies when a defendant aims to commit a particular tort against one individual but inadvertently injures someone else. If a person attempts to strike a specific target but accidentally harms a bystander, the intent to harm the original target is considered to have "transferred" to the actual victim. This allows the unintended victim to pursue a claim, even though they weren't the original target. Courts often consider that the defendant’s mindset (the intent to commit the tort) created a risk of harm, enabling the unintended victim to bring an intentional tort claim.

Damages and Statutes of Limitations in Intentional Tort Cases

Plaintiffs who win intentional tort cases may recover compensation for items such as medical expenses, lost wages, pain and suffering, and emotional distress. Courts sometimes award punitive damages when the defendant’s actions are especially egregious or malicious. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.

The time allowed to file an intentional tort claim, known as the statute of limitations, often differs from the deadlines that apply to negligence cases. It is crucial to consult with an attorney to understand the applicable statute of limitations. Failing to file within the deadline may prevent recovery, even when there is evidence of wrongdoing.

Last reviewed February 2025