Intentional Tort
An intentional tort happens when someone deliberately causes harm to another person. Unlike accidents or careless mistakes, these actions are done on purpose. If you’ve been injured because of someone else’s intentional conduct in New York, NY, you may be entitled to file a personal injury lawsuit. Continue reading to learn about intentional tort cases.
What Is an Intentional Tort?
An intentional tort is a wrongful act committed on purpose that results in harm. These torts often involve violence, threats, or other actions that violate someone’s physical safety, emotional peace, or property rights. In civil court, you can sue for compensation even if criminal charges are also involved or no criminal case is filed.
Common Types of Intentional Torts
Intentional torts take many forms.
Some of the most common examples include:
- Assault: Attempting to cause harm or making someone reasonably fear harm, even without physical contact.
- Battery: Making harmful or offensive physical contact without permission.
- False imprisonment: Unlawfully restricting someone’s movement or holding them against their will.
- Intentional infliction of emotional distress: Causing serious mental suffering through outrageous or extreme conduct.
- Defamation: Damaging someone’s reputation by spreading false statements (spoken or written).
- Trespass to land: Entering another person’s property without consent.
- Trespass to chattels: Intentionally damaging or interfering with someone else’s personal property.
- Conversion: Taking or using someone else’s property as your own.
Each of these torts has its own elements that must be proven in court.
How Is an Intentional Tort Different from Negligence?
The key difference is intent. In a negligence case, someone may cause harm by failing to use reasonable care. But in an intentional tort case, the person acted deliberately.
For example:
- A driver texting while driving and hitting a pedestrian might be negligent.
- A driver who sees a pedestrian and swerves to hit them is committing an intentional tort.
Both can lead to a personal injury claim, but intentional torts may also open the door to punitive damages, which are meant to punish the wrongdoer.
What Do You Have to Prove?
To win an intentional tort case in New York, you generally must prove:
- Intent: The defendant meant to perform the act, knowing it would likely cause harm.
- Action: They actually carried out the act.
- Harm: You suffered injury or loss as a direct result.
- Causation: The harm was caused by the defendant’s intentional behavior.
You don’t have to prove that the person wanted you to get hurt, just that they meant to do what they did and that their action led to your injury.
How Are Intentional Tort Cases Resolved?
Intentional tort cases are civil matters, even when the same act is a crime.
You can sue for compensation that covers:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Property damage
- Punitive damages (in cases of extreme misconduct)
Many of these cases settle out of court, but if a fair agreement isn’t offered, your lawyer may recommend taking the case to trial.
Criminal vs. Civil Intentional Acts
You can sue someone civilly even if they face criminal charges for the same act.
These are two different legal paths:
- Criminal law punishes the wrongdoer on behalf of the state (with jail or fines).
- Civil law lets you recover money for the harm you suffered.
A well-known example is the O.J. Simpson case. He was acquitted in criminal court but found liable in civil court for wrongful death.
You do not need a criminal conviction to win an intentional tort lawsuit. The burden of proof is lower in civil court.
Why Intentional Tort Cases Can Be Challenging
These cases often come down to the credibility of both sides. Proving intent is more difficult than proving negligence. You need strong evidence to show what the defendant meant to do and how that action led to your harm.
Useful evidence may include:
- Witness testimony
- Video recordings or surveillance footage
- Medical records
- Expert analysis (e.g., psychological harm)
- Social media posts or messages
An experienced personal injury lawyer can help you build a strong case and avoid mistakes that might hurt your claim.
What to Do if You’re the Victim of an Intentional Tort
If you believe you’ve been harmed by someone on purpose, take these steps:
- Call the police if you’re in danger or if a crime has been committed
- Get medical attention right away
- Document everything, including injuries, property damage, names of witnesses, and what happened
- Avoid contact with the wrongdoer
- Consult a lawyer as soon as possible
You only have a limited time to take legal action. In New York, the statute of limitations for most personal injury cases is three years, but that time may be shorter for certain types of intentional torts.
Contact the New York City Personal Injury Lawyers at Rosenbaum Personal Injury Lawyers for Help Today
If you’ve been hurt by someone else’s deliberate actions, Rosenbaum Personal Injury Lawyers is here to fight for your rights. We have over 40 years of experience representing injury victims in New York, NY, and we’ve recovered tens of millions for our clients. Let us help you pursue justice and full compensation for your losses. Contact us today at (212) 514-5007 for a free consultation.
