Intentional Torts are personal injuries or property damage that was caused out of malice, willfulness or the reckless disregard of another person's safety or rights.
Intentional Tort is a deliberate act that causes harm to another, for which the victim may sue the wrongdoer for damages. Acts of domestic violence, such as assault and battery, are intentional torts (as well as crimes).
Not every intentional action qualifies as an intentional tort. Suppose an investor holding more than half of a corporation's stock votes on changes the other stockholders find detrimental. If the other stockholders suffer damages as a result, this is not a tort, as the powerful investor had a right to vote whichever way he/she liked. Thus, the other stockholders cannot sue the aforementioned investor for damages. If, on the other hand, John Doe physically attacks a passerby in the street, and as a result the passerby incurs medical bills, John is liable for these costs, as he is guilty of the tort of battery.
To find a defendant liable for an intentional tort, the plaintiff must prove that the defendant performed the action leading to the damages the plaintiff alleges, and that the defendant could have reasonably foreseen some harm to the plaintiff, although the full extent of the harm need not be foreseeable. Furthermore, the action must be a recognized "wrongful act."
Contact NY Accident Lawyers Goidel and Siegel for legal advice.
We handle personal injury cases exclusively, and our knowledge of this area of the law is extensive.
We have represented victims of serious accidents and assaults for more than 17 years.
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