What is an Intentional Tort?

A purposeful act can give rise to a personal injury claim, but proving intent
can be tricky.
Many civil lawsuits involve torts. A tort is an act that is committed by one
party and ends up causing harm to another. That harm can be in the form
of a physical injury, damage to property, or even 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, which covers intentional torts. What is an
intentional tort? That's what we'll cover in this article.

Negligence vs. Intent

Intentional torts carry an element of intent 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, that dont 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). The state of mind of the tortfeasor determines the tort.
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 property damages. All four elements of a regular 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 negligence and intent is subtle, but it's also very
important to both plaintiffs and defendants 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. In a regular negligence
case, intent is irrelevant -- and so lack of intent is not a valid defense.
Learn more about Proving Fault in a Personal Injury Case.

Types of Intentional Torts

There are several common types of intentional torts. Fraud,

misrepresentation, slander, libel and false imprisonment are all usually
considered intentional torts. So, too are assault and battery and false
imprisonment, 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, battery and wrongful death 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 dont throw a punch -- may be an example of assault,
as long as the other person actually believes that they are in danger of
being hit. Battery is the next step. Youve committed battery if you throw
and connect with the punch. Battery is defined as harmful or offensive
contact with the body of another. Assault and battery are often grouped
together.
Wrongful death suits 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 be consideredcrimes depending upon the
laws of your jurisdiction.

Intentional Torts vs. Crimes

Many 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, on the other hand, are very different. Criminal proceedings are
brought by the state (meaning the government, not just a particular state)
against a party accused of violating a criminal statute. Criminal cases are
not about damages. They are about protecting the public welfare and
punishing the guilty 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.
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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.