CALL TODAY FOR A FREE CONSULTATION

Personal Injury Claim: What Is the Difference Between Intentional and Unintentional Torts?

Call for a free consultation Request a free consultation

When you are injured in an accident or harmed by another person physically, mentally or emotionally, their wrongdoing is referred to as a “tort.” A tort is legal harm inflicted upon one party by another party’s action or non-action. Torts fall into one of two primary categories — intentional or unintentional (or negligence) torts.

You don’t have to be an individual in order to commit a tort. Companies, schools, businesses, manufacturers, retailers and other organizations can intentionally or unintentionally inflict harm on their customers, clients, students, employees, constituents, etc.

Ohio law protects those who have been injured by someone else’s wrongdoing. Victims of intentional or negligence torts should consider filing a personal injury claim in order to reach a resolution and receive compensation for any losses. Nearly all personal injury claims argue one of two things — the victim was injured on purpose by the defendant (intentional tort), or the victim was harmed as a result of the defendant’s negligence or carelessness (unintentional tort).

What Are Intentional Torts?

Intentional torts describe the injury or harm purposefully inflicted by someone else. These torts occur when a defendant either threatens to harm or intentionally harms another person. Intentional torts can often result in criminal charges depending on the situation or type of injury. An incident can still be considered an intentional tort claim even if no physical injury has actually occurred.

Examples of intentional torts may include:

  • Assault
  • Battery
  • Fraud
  • Libel or slander (i.e., defamation of character)
  • Conversion
  • False imprisonment
  • Trespassing

What Are Unintentional Torts?

Unintentional or negligence torts describe the reckless or careless behavior that resulted in the injury or harm of someone else. While these torts are considered accidental, there is a reasonable standard of care that any individual or business must maintain to protect those around them. A defendant may not have wanted to inflict injury, but they may still be held responsible for their actions.

Examples of unintentional torts may include:

  • Car accidents
  • Truck accidents
  • Bicycle accidents
  • Slip and falls
  • Dog bites
  • Workplace accidents
  • Medical malpractice

Key Elements of Unintentional Torts

In order to win an unintentional tort claim, you will likely need to prove all four elements exist:

  1. A duty of care existed – We are legally obligated to prevent foreseeable harm to others by exercising various types and levels of care depending on the circumstance or situation. For example, you have a duty of care to other people on the road when you operate a motor vehicle. This duty is codified in the traffic laws that apply to everyone. 
  2. Breach of duty – A reasonably prudent person understands the level of care required to keep others safe in various scenarios. If a defendant disregards the standard of care that would normally be expected of a reasonable person, they have breached their legal duty of care.
  3. Causation – As the victim of a defendant who breached their duty of care, you must prove that your injuries were a direct result of their breach of duty. If you are unable to demonstrate the connection between your injuries and the defendant’s conduct, you will be unable to pursue a tort.
  4. Damages – In order to have a valid unintentional tort claim, you must be able to prove that you suffered damages as a result of the defendant’s negligence. Compensatory and non-compensatory damages will be awarded to you if you win your case. Compensatory damages include lost wages, medical bills, property damage and more. Non-compensatory damages include pain and suffering and emotional trauma.

Speak With an Ohio Personal Injury Attorney About Your Tort Claim

Have you been injured recently? An Ohio personal injury attorney can review your case and determine if it could be categorized as an intentional or unintentional tort claim.

The Buckeye Law Group team is ready to fight for the compensation you deserve after being wrongfully injured in a car accident, slip and fall, workplace incident or any other type of tort scenario.

Schedule a free personal injury consultation with us today by calling 1-800-411-PAIN.

Suing a Hospital for Emotional Distress Caused by Medical Negligence

Many people assume that emotional trauma alone is enough to file a lawsuit after a hospital error. In reality, suing a hospital for emotional distress typically requires proving that the

How Statute of Repose Limits Ohio Malpractice Claims

If you’ve been harmed by a healthcare provider’s negligence, understanding the statute of repose is just as important as knowing the statute of limitations. Many people assume they can file

ATV and Off-Road Vehicle Accidents — Your Legal Rights in Ohio

ATV and Off-Road Vehicle Accidents can cause life-changing injuries in an instant. Whether the crash happens on private property, a trail, or another off-road location, determining who is legally responsible

What Is a “Deposition” and What Should You Expect in an Accident Lawsuit?

If you’ve been injured in a car crash and your claim progresses into a lawsuit, you may hear your attorney mention a deposition. If you’re wondering what is a deposition,

Columbus Roundabout Accident Lawyer: Who Has the Right of Way and Who May Be Liable?

If you drive through Central Ohio, you have likely noticed a significant shift in intersection design. From Hilliard to Zanesville, roundabouts are replacing many traditional four-way stops and traffic signals.

Social Media and Personal Injury Claims: Can Online Activity Hurt Your Ohio Case?

Social media is a powerful communication tool that connects people, shares experiences, and shapes public perceptions. However, social media and personal injury claims can create complicated legal issues for injured

How an Ohio Property Damage Lawyer Handles Vehicle Damage and Injury Claims After a Crash

Navigating the aftermath of an Ohio car accident can feel overwhelming. Understanding the claims process is essential to protecting your rights and financial interests. Because Ohio follows an at-fault insurance

Who Pays Your Car Accident Medical Bills After a Crash in Ohio?

Navigating car accident medical bills in Ohio can feel overwhelming. Because Ohio follows an at-fault insurance system, the responsible driver may ultimately be liable for accident-related medical expenses. However, their

How an Ohio Car Accident Attorney Can Help You Obtain an Ohio Crash Report

A car accident in Ohio can leave you facing medical concerns, vehicle repairs, insurance claims, and difficult legal questions. One of the most important documents to obtain after a collision

Passenger Rights After an Ohio Car Accident: Guidance from a Passenger Injuries Attorney

Being a passenger in a car accident can be a confusing experience. You may not know your rights or what steps to take next. In Ohio, injured passengers have specific

More Posts