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.

When Surgical Malpractice Is Discovered Days or Weeks After a Procedure

Understanding Delayed Discovery With Surgical Malpractice Surgical errors are not always immediately obvious. Symptoms may appear days or weeks after a procedure. Unexpected pain, infections, or other complications can indicate

When Medical Malpractice Involves Altered or Incomplete Medical Records

Why Medical Malpractice Cases Rely on Accurate Records Medical malpractice claims depend heavily on documentation. Accurate records are essential to establish whether proper standards of care were followed. When records

Bus Accident Injury Claims: Understanding Liability After an Accident

Why Bus Accident Claims Are More Complex A bus accident often involves multiple parties and unique legal rules. Unlike standard car crashes, these incidents may include public transit authorities, private

Legal Options When a Hit‑and‑Run Driver Is Never Identified

Why an Auto Accident Injury Attorney Matters in Hit‑and‑Run Cases Being injured by a hit‑and‑run driver adds an extra layer of stress to an already traumatic situation. When the at‑fault

Steps Families Should Take Immediately After a Wrongful Death with a Wrongful Death Attorney

Why a Wrongful Death Attorney Is Critical in Ohio The loss of a loved one due to someone else’s negligence is one of life’s most difficult challenges. A wrongful death

Hidden Dangers of Multitasking Behind the Wheel: How a Car Accident Lawyer Can Help

Why You Should Take Multitasking Behind the Wheel Seriously Multitasking while driving is more dangerous than many people realize. Eating, adjusting the GPS, or quickly checking a phone might seem

Pedestrian Accident Claims in Ohio: How a Pedestrian Accident Attorney Can Help

Why a Pedestrian Accident Attorney Is Important After an Injury Pedestrian accidents can lead to serious injuries, and navigating the legal process can be overwhelming without guidance. Working with a

How Social Media Can Impact Your Case with an Accident Lawyer

Why Your Accident Lawyer Cares About Your Online Activity Social media is part of everyday life, but after an accident, what you post online can have serious consequences for your

Suing for a Loved One’s Death After a Trucking Accident

Understanding Wrongful Death Claims Involving Commercial Trucks Losing a loved one in a trucking accident is one of the most devastating events a family can experience. Alongside overwhelming grief, families

Trucking Logs and Black Boxes: What Evidence Can Be Used?

Why Evidence Is Critical in Truck Accident Claims Truck accident cases are far more complex than standard car crashes, largely because of the amount of technical evidence involved. When a

More Posts