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.

Erb’s Palsy: Legal Options for Families Affected by Birth Injuries

Erb’s Palsy is a birth injury caused by damage to the brachial plexus, a group of nerves that control arm and hand movements. This injury occurs when the baby’s neck

The Most Dangerous Trucking Errors That Lead to Accidents

Trucking accidents can cause catastrophic injuries and fatalities. With large vehicles like commercial trucks, even a small error can have deadly consequences on the road. Truck drivers face unique challenges

Motorcycle Accidents And Passenger Liability

Motorcycles quite literally require a balancing act with only two wheels. When one person is riding, that can be difficult enough. However, adding a passenger into the mix can further

Dealing with Insurance Companies After an Accident

At Buckeye Law Group, we understand that dealing with insurance companies after an accident can be frustrating. Insurance adjusters are trained to minimize payouts, which means accident victims are often

Title: Medication Errors: Legal Assistance from Buckeye Law Group

Medication errors can have serious consequences, including adverse reactions, worsening conditions, or even death. At Buckeye Law Group, we are dedicated to helping victims of medication errors seek justice and

Understanding Anesthesia Malpractice: Legal Support from Buckeye Law Group

At Buckeye Law Group, we understand how traumatic it can be when anesthesia malpractice leads to serious medical complications. Anesthesia errors can result in brain damage, long-term health problems, or

Understanding Railroad Accidents: Insights from Buckeye Law Group

At Buckeye Law Group, we understand the devastating impact railroad accidents can have on victims and their families. These incidents often lead to life-altering injuries, emotional trauma, and overwhelming financial

Understanding Red-Light Accidents: Insights from Buckeye Law Group

At Buckeye Law Group, we understand the serious implications of red-light accidents on victims and their families. These collisions often result in severe injuries, emotional distress, and financial challenges. In

Understanding Bus Accidents: Insights from Buckeye Law Group

At Buckeye Law Group, we recognize the profound impact bus accidents can have on victims and their families. These incidents often lead to severe injuries, emotional distress, and significant financial

Bicycle Accident Injuries: Legal Support from Buckeye Law Group

Bicycle accidents often result in severe injuries, emotional trauma, and financial burdens for victims and their families. At Buckeye Law Group, we are committed to helping victims of bicycle accidents

More Posts