Craig D. Rosenbaum | October 5, 2026 | Personal Injury
Personal injury cases often arise because someone acted carelessly, but injuries can also result from deliberate misconduct. Negligence generally involves failing to use reasonable care, while intentional torts involve wrongful conduct committed with the required intent. In New York, that distinction can affect what you must prove, available insurance coverage, and how long you have to sue.
What Is Negligence?
Negligence occurs when someone breaches a duty of care and causes another person’s injuries.
The injured person generally must establish four elements:
- Duty: The defendant owed the injured person a legal duty of care.
- Breach: The defendant failed to meet that duty.
- Causation: The failure was an actual and proximate cause of the injuries.
- Damages: The injured person suffered compensable losses.
For example, a driver who fails to watch the road and rear-ends another vehicle may be negligent. A store owner who neglects a dangerous spill may also face liability if a customer falls.
An injury alone does not establish negligence. Evidence must connect the defendant’s failure to exercise appropriate care with the harm suffered.
What Is an Intentional Tort?
An intentional tort is a civil wrong involving intentional conduct of the kind required for that particular claim.
Common examples include:
- Battery
- Assault
- False imprisonment
Each claim has its own requirements. However, the conduct and legally required intent are crucial to examine in claims involving intentional torts.
How Does the Evidence Differ?
Negligence claims usually focus on whether the defendant acted reasonably under the circumstances. Relevant evidence may include accident reports, photographs, maintenance records, witness statements, and expert opinions.
Intentional tort claims also require evidence supporting the necessary intent. Surveillance footage, threatening messages, eyewitness accounts, and the defendant’s actions before and during the incident may help establish what happened.
Medical records matter in both types of cases. They can document injuries, treatment needs, and lasting limitations. Pay records and receipts can help show financial losses.
Can One Incident Involve Both Types of Claims?
Yes. Multiple parties may bear responsibility under different legal theories.
For example, an attacker who punches a tenant may face a battery claim. A landlord may separately face a negligent security claim if a failure to take reasonable precautions against foreseeable criminal activity contributed to the attack. Liability depends on the landlord’s duty, notice, and the connection between inadequate security and the injuries.
What Compensation May Be Available?
Both types of claims may support compensation for proven losses, including:
- Past and future medical expenses
- Lost wages
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation
- Out-of-pocket expenses
Insurance can also affect recovery. Liability policies often cover qualifying negligence claims, subject to their terms and exclusions. Coverage for intentional wrongdoing may be restricted or excluded. The policy language, alleged conduct, and identity of the insured require careful review.
Contact the Brooklyn Personal Injury Lawyers at Rosenbaum Meier Personal Injury Lawyers for a Free Consultation
Whether your injuries resulted from careless conduct or deliberate wrongdoing, understanding the legal basis for your claim can help you make informed decisions about pursuing compensation. The distinction between negligence and an intentional tort can affect the evidence you need, available insurance coverage, and your filing deadline. An attorney can investigate what happened, identify potentially responsible parties, and evaluate your medical expenses, lost income, and other injury-related losses.
Rosenbaum Meier Personal Injury Lawyers helps injured people understand their rights and explore their legal options. If you are unsure whether your injuries support a negligence claim, an intentional tort claim, or separate claims against multiple parties, contact us for a free consultation with a Brooklyn personal injury lawyer. You can discuss the circumstances of your injuries, ask questions about the legal process, and learn what steps may be appropriate for your case.
We have three convenient locations around Manhattan, NY, near you in New York City, The Bronx, and Brooklyn.
Rosenbaum Meier Personal Injury Lawyers – New York City Office
100 Wall St 24th Floor, New York, NY 10005
(212) 514-5007
Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339
Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332