Many personal injury cases involve accidents caused by negligence. Other injuries happen because someone acts on purpose. These cases may involve intentional torts.

An intentional tort is a wrongful act committed intentionally that causes harm to another person. Common examples include assault, battery, false imprisonment, emotional distress, and defamation. A person harmed by an intentional act may be able to seek compensation.

What Is an Intentional Tort?

A tort is a wrongful act that can give someone the right to file a civil claim. An intentional tort happens when someone acts on purpose and causes harm. The person does not always have to intend the exact injury that occurs.

Intentional tort cases are separate from criminal cases. The same act can lead to criminal charges and a civil lawsuit. A criminal case may result in jail or fines, while a civil claim allows the injured person to seek compensation.

What Are the Most Common Types of Intentional Torts?

Several types of intentional torts can lead to personal injury claims in New York.

Assault

Assault can occur when someone intentionally causes another person to fear immediate harmful or offensive contact. Physical contact is not required. For example, threatening to hit someone while moving toward them may be assault if the person reasonably believes they are about to be harmed. A New York City assault injury lawyer can help if you have been a victim.

Battery

Battery involves intentional and wrongful physical contact without the other person’s consent. Punching, kicking, or intentionally striking someone can be examples of battery. The same incident may involve both assault and battery. A person may fear that they are about to be hit and then actually be struck.

False Imprisonment

False imprisonment occurs when someone intentionally confines another person, the person is aware of the confinement, the person does not consent to it, and the confinement is not otherwise legally justified.

False imprisonment does not always involve locking someone in a room. Other actions that unlawfully prevent someone from leaving may also support a claim.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress involves extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.

A claim generally requires:

  • Extreme and outrageous conduct
  • Intent to cause severe emotional distress or disregard of a substantial probability of causing severe emotional distress
  • A connection between the conduct and the emotional harm
  • Severe emotional distress

New York courts set a high standard for these claims. Insulting or upsetting behavior alone is generally not enough.

Defamation

Defamation involves a false statement about someone that harms their reputation. The statement must be shared with another person. New York recognizes libel, which involves written statements, and slander, which involves spoken statements. 

A defamation claim generally requires a false statement, publication to another person without privilege or authorization, the required level of fault, and either special harm or a statement that qualifies as defamation per se. 

Statements of pure opinion generally are not actionable because they cannot be proven true or false. However, an opinion that implies the existence of undisclosed defamatory facts may be actionable.

What Is the Difference Between an Intentional Tort and Negligence?

The main difference is whether the person acted intentionally. Negligence generally involves failing to use reasonable care, while an intentional tort involves an act done on purpose. For example, a distracted driver who causes an accident may be negligent. A person who deliberately strikes someone may have committed an intentional tort.

Contact the New York City Personal Injury Lawyers at Rosenbaum Meier Personal Injury Lawyers for Help Today

Intentional tort cases can involve disputes about what happened, whether the other person acted intentionally, and the harm that resulted. A New York City personal injury lawyer can investigate the incident, gather evidence, and determine which claims may apply. 

At Rosenbaum Meier Personal Injury Lawyers, we can also calculate your damages, deal with insurance companies and other parties, and help you pursue compensation for your injuries and other losses. Contact us today to schedule a free consultation.

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

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Rosenbaum Meier Personal Injury Lawyers – Bronx Office
1578 Williamsbridge Rd suite 3b, Bronx, NY 10461
(212) 514-5007
(917) 905-2339

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Rosenbaum Meier Personal Injury Lawyers – Brooklyn Office
32 Court St #704, Brooklyn, NY 11201
(212) 514-5007
(917) 920-7332

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