Intentional tort is a legal term which describes a wrongful act or infringement (tort)which is intentional. There are a number of intentional torts which may result in injuries, whether there was intent to cause an injury or not. Some intentional torts are also criminal acts. The following seven intentional torts are examples of wrongful acts which may result in injuries.
Assault is commonly thought to mean one or more individuals physically attacking another. However, assault can occur without contact and is more accurately described as an action which causes “apprehension in another of an imminent harmful or offensive contact.” Words alone are not an assault but if those words are accompanied by a raised fist or brandished weapon, the action becomes assault. A person may injure himself trying to get away from the perceived threat, and this could be considered a direct result of the assailant’s actions – whether they intended to do harm or not.
If assault is the threat, battery is the action. When unwanted physical contact results in harm or offense it is considered battery. For example, if someone punches you in the face, they have committed battery according to the law. If that same person threatens the act and then follows through on the threat, those actions are regarded as assault and battery.
False imprisonment occurs when a person is restricted in their personal movement. This could mean intentionally blocking a person’s path or holding him hostage during a robbery. In both cases, there are a number of ways in which an injury may occur. The person could trip and fall in an attempt to get away or suffer burns and abrasions from being forcibly restrained.
Intentional Infliction of Emotional Distress
This intentional tort involves causing extreme emotional distress to a person. Ordinary insults are not usually considered intentional infliction of emotional distress. There are many considerations involved in determining this particular tort; however, when intentional infliction of emotional distress does occur it can result in injuries when the victim tries to escape.
Coercion may involve assault and battery. It can also cause injuries from the coerced individual carrying out potentially harmful actions. In the case of the latter, the responsible party may not have directly inflicted harm, but the coercion was intentional and had the potential to result in harm.
Trespass to Land
Trespassing is an intentional tort which can result in harm coming to a property owner if they confront the trespasser. It doesn’t matter if causing harm was the intention; the act of trespassing is an intentional tort and is considered as such under the law.
Trespass to Chattels
Trespass to chattels refers to interfering with moveable personal property. There are many different scenarios in which this may result in injury. If you have been injured, you may have a personal injury case – even if the responsible party claims harm was not intended. Call the experts at H. Lehman Franklin P.C. today at 912-764-9616 to book a free consultation so you can explore your options.