What are Torts and Why Do They Matter? 

Torts may sound like a legal term reserved for courtroom dramas, but they are a fundamental part of how the law protects individuals from harm. Simply put, a tort is a wrongful act—either intentional or unintentional—that causes injury or harm to another person, leading to legal liability. From car accidents to serious cases of assault, tort law governs incidents where someone’s actions or inactions cause harm.

Understanding the basic differences between intentional torts and unintentional torts can provide clarity, especially for personal injury claimants looking to better understand their cases. This blog will walk you through the key concepts of tort law, explore the distinctions between intentional and unintentional torts, and explain the legal implications for victims. 

What Are Intentional Torts? 

Intentional torts occur when a person deliberately acts in a way that causes harm to someone else. The defining characteristic of intentional torts is intent. The tortfeasor (the person committing the act) knowingly and purposefully engages in behavior that violates another person’s legal rights. Below are some common examples of intentional torts to give you better context. 

Examples of Common Intentional Torts 

▷ Assault 

Assault happens when someone intentionally puts another person in reasonable fear of imminent harm or contact. Importantly, no physical contact needs to occur for assault to take place—the mere threat can suffice, as long as the fear is genuine. 

Example: Waving a knife at someone while threatening harm, even if you don’t make physical contact. 

▷ Battery 

Battery takes assault one step further. It involves actual physical contact that is harmful or offensive. The key element here is intentional and unwanted contact. 

Example: Punching someone during an argument results in battery. 

▷ False Imprisonment 

False imprisonment involves intentionally restricting someone’s freedom of movement without their consent and without legal authority. This tort does not always require physical restraints; verbal threats that make someone feel unable to leave can also qualify. 

Example: A retail store detaining a shopper without evidence of shoplifting. 

Legal Consequences of Intentional Torts 

Victims of intentional torts often have stronger cases because the act was committed willfully. Depending on the severity of the action, courts may require the tortfeasor to pay punitive damages as a form of punishment, in addition to compensatory damages for the injured party. 

What Are Unintentional Torts? 

Unintentional torts occur when someone’s careless or negligent actions result in harm to another person. Unlike intentional torts, there is no deliberate intent to harm. Instead, the harm arises from a failure to act according to certain standards of care. 

Negligence and Its Elements 

Negligence is the most common form of unintentional tort in personal injury cases. To prove negligence, the plaintiff (the injured party) must establish the following key elements: 

▷ Duty of Care 

The defendant owed a legal duty to the plaintiff. This duty could stem from common societal norms or specific relationships. Example: Drivers have a duty to others using the roadways to operate vehicles in a safe and responsible manner to avoid accidents. 

▷ Breach of Duty 

The defendant failed to uphold this duty of care by acting irresponsibly or failing to act altogether. Example: A distracted driver running a red light breaches their duty of care. 

▷ Causation 

The plaintiff must prove that the defendant’s breach directly caused their injury or harm. This is often broken into two components:

• Actual Cause: The direct link between the breach and the harm. 
• Proximate Cause: Whether the harm was a reasonably foreseeable result of the breach. 

▷ Harm or Damages 

Finally, the plaintiff needs to demonstrate that they sustained actual harm. This might include physical injury, financial loss, or even emotional distress. Example: A pedestrian hit by a car by a driver who was texting while driving can prove physical injury and medical expenses as damages. 

Negligence Per Se 

Negligence per se applies when the defendant violates a law designed to protect people from harm, and that violation directly causes harm to the plaintiff. For example, if someone sustains an injury because a driver was speeding (in violation of traffic laws), this could be a case of negligence per se. 

Key Differences Between Intentional and Unintentional Torts 

Understanding the distinctions between intentional and unintentional torts is crucial for navigating personal injury cases. Here are the primary differences to keep in mind: 

Intent 

• Intentional Torts: Requires deliberate actions to harm another person. 
• Unintentional Torts: Results from carelessness or failure to exercise reasonable care (negligence). 

Burden of Proof 

• Plaintiffs in cases involving intentional torts must prove that the defendant acted with intent. 
• For unintentional torts, plaintiffs must demonstrate that the harm was caused due to negligence or failure to act responsibly. 

Damages 

• Intentional torts often involve punitive damages aimed at punishing the tortfeasor. 
• Unintentional tort cases typically result in compensatory damages to cover the actual losses incurred by the victim. 

What Are the Legal Implications and Available Remedies? 

Both intentional and unintentional torts can have serious consequences. For victims, understanding the potential legal outcomes is essential. 

Intentional Torts Recourse 

Victims can pursue a civil lawsuit for damages. Punitive damages are common in intentional tort cases, especially when the conduct is deemed particularly malicious. Some intentional acts may even result in criminal charges, such as assault or battery.  Insurance does not cover intentional acts.

Unintentional Torts Recourse 

Unintentional torts generally lead to compensatory damages to cover medical bills, lost wages, and emotional suffering. Plaintiffs must prove the burden of negligence, which often requires gathering evidence such as police reports or expert testimony.  Insurance covers unintentional acts.

KEY POINTS

Navigating personal injury cases can be overwhelming, but understanding the basics of tort law—particularly the difference between intentional and unintentional torts—is an important first step. 

Whether you’re dealing with an act of negligence or intentional harm, knowing your rights and remedies can empower you to take action. If you believe you’ve been a victim of a tort, consult a legal professional to explore your options and pursue the justice you deserve. 

If you are an injured victim in Indiana, take the next step towards protecting your rights. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, no-obligation consultation with a dedicated Indianapolis personal injury lawyer, today. This is your opportunity to ask questions, understand the legal process, and determine the best course of action for your situation. Remember, time is of the essence!

Related Posts:

What You Need to Know About Strict Liability Torts in Personal Injury Law
The 3 Primary Categories of Torts
What are Dignitary Torts?