Intentional And Unintentional Torts — Getting Justice For Wrongs Against You

Possibly the largest area of civil law in the United States is tort law. Torts — wrongful actions that one party commits against another party — are generally divided into two main categories. These are intentional torts and unintentional torts. What do these mean for you? And how should your approach to them differ? Here's what everyone needs to know to protect their legal rights. 

What Is an Unintentional Tort? 

As their name indicates, unintentional torts are situations in which the liable party didn't actually intend to harm the other. They involve accidents, but they are not entirely accidental. A simple accident where no one did anything wrong is not a tort. If lightning strikes a tree on your employer's property and causes it to fall on your car, the employer isn't likely to have liability for an unforeseeable accident. 

Unintentional torts, though, are not strictly accidents. They also include negligence. Perhaps the employer had been informed by a tree service that the tree above was damaged or diseased and therefore more likely to fall. But they had not fixed the problem or removed it. Now, if that tree falls on your car, you have a case for an unintentional tort.

Your employer didn't mean to destroy your car, but they were negligent in their duty toward you. Your case won't need to prove they intended harm toward you directly, but it will need to show they acted outside the norm of reasonable care. 

What Is an Intentional Tort?

Unlike negligence, intentional torts are situations wherein the liable party did mean to cause harm to the victim. These are things like libel or slander, assault, battery, taking someone's property, trespassing, infliction of emotional distress, harassment, or interfering with the quiet enjoyment of your own property. 

This type of tort can be harder to prove since you must convince a jury that the defendant meant to cause you injury — either directly or indirectly. For example, maybe you had reported your employer to the state labor department for payroll violations and then they reassigned you to the parking space under the damaged tree. This may be an intentional tort. 

One element that can make your case easier is when the intentional tort is also a crime. A conviction in a criminal case bolsters your civil one, but it's also not dependent on what law enforcement or a criminal trial jury decides. 

Where Can You Learn More?

Has someone committed a tort against you? This broad area of law is complex, so you must protect your rights. Get help today by meeting with a company like Law Offices of Eric K. Krasle today.