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.

What Truck Accident Evidence Matters Most After a Crash in Ohio?

Truck accidents in Ohio can be devastating. They often result in serious injuries and significant property damage. In the aftermath, gathering the right evidence is crucial. It can make or

How To Document Pain, Missed Work, and Daily Limitations for an Ohio Personal Injury Claim

An accident can leave you managing physical pain, lost income, and unexpected limits on your daily life. If you are pursuing a personal injury claim in Ohio detailed documentation can

Dental Malpractice in Ohio — What Counts as Negligence at the Dentist’s Office?

Dental Malpractice in Ohio Most dental procedures are completed safely, but mistakes can happen. When a dentist’s actions fall below the accepted standard of care and cause preventable harm, patients

Nursing Home Negligence vs. Medical Malpractice in Ohio—What’s the Difference?

Nursing Home Negligence vs. Medical Malpractice in Ohio When a loved one suffers harm in a nursing home, families often wonder whether they have a claim for nursing home negligence

How Police Reports Affect Personal Injury Cases in Ohio

How Police Reports Affect Personal Injury Cases If you’ve been injured in an accident, you may wonder how police reports affect personal injury cases in Ohio. While a police report

Can You Still Recover Compensation If You Weren’t Wearing a Seatbelt?

Can You Still Recover Compensation If You Weren’t Wearing a Seatbelt? If you’ve been injured in a car accident, you may worry that not wearing a seatbelt means you have

Do Personal Injury Cases Go to Court in Ohio?

Personal injury cases in Ohio do not automatically proceed to trial. Many claims are resolved through negotiated settlements, while others require litigation when liability, damages, or insurance coverage remains disputed.

Pedestrian Accidents in Ohio: Crosswalks, Intersections, and Driver Responsibility

Walking is a fantastic way to commute, exercise, and explore local communities, but navigating busy streets comes with inherent risks. Unfortunately, crosswalks, intersections, and driver responsibility have become increasingly critical

How Ohio’s Comparative Negligence Law Can Affect Your Injury Claim

Ohio’s comparative negligence law can directly affect both your eligibility for compensation and the amount you may recover after an accident. Ohio applies a modified comparative negligence standard, which assigns

Delivery Driver Accidents in Ohio: Amazon, FedEx, UPS, and Local Delivery Claims

The rapid growth of online shopping and on-demand delivery services has placed more commercial vehicles on Ohio roads. Amazon contractors, FedEx drivers, UPS trucks, grocery delivery vehicles, and local couriers

More Posts