CALL TODAY FOR A FREE CONSULTATION

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

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.

Understanding Bowel Injury Claims: What You Need to Know

Bowel injuries are serious medical conditions that can have a profound impact on your life. Whether caused by surgical errors, traumatic accidents, or other forms of medical negligence, bowel injuries

The Devastating Impact of Cancer Misdiagnosis

A cancer diagnosis is one of the most frightening experiences a person can face. When that diagnosis is incorrect—whether it’s a missed diagnosis or a misclassification of the cancer—the consequences

Understanding Wrongful Death Claims in Ohio

When a loved one dies due to the negligence or wrongful actions of another party, the emotional and financial toll can be overwhelming. At Buckeye Law Group, we understand the

What Is a Sophisticated User Defense in Ohio?

A common argument in product liability cases is that the manufacturer, distributor and/or retailer failed to provide adequate warning to the consumer. In response, these companies sometimes utilize the sophisticated

What Is Ohio’s Comparative Fault System?

Many personal injury lawsuits aren’t straightforward. There may be cases where the other party’s at fault, but you made a mistake that undeniably contributed to your injuries. In defective product

Understanding Victim Protection in Ohio

The state of Ohio has implemented many different measures to protect and support victims of serious crimes. This includes crimes like acts of violence, sexual assault, stalking and more. Even

Understanding Compensation for Victims of Product Defects in Ohio

When it comes to consumerism, product defects can be a serious threat to individuals who unknowingly purchase defective goods in stores or online. Thankfully, every state in the U.S., including

Seeking Justice After Cosmetic Procedure Harm

Did you know that the United States performs the highest number of cosmetic procedures in the world? Since 2020, approximately 400 million cosmetic surgeries have been performed in the country.

Navigating Ohio’s Risk-Benefit Analysis

While risk-benefit analysis is typically associated with decision-making in business, healthcare and finance, it’s also relevant in the field of liability law. A risk-benefit analysis can be used in determining

Navigating Cosmetic Surgery for Minors in Ohio: Legal and Ethical Considerations

Over the years, cosmetic surgery has become increasingly popular, offering individuals the opportunity to enhance or alter their physical appearance. However, when it comes to minors seeking cosmetic procedures, the

More Posts