A Review of Negligent and Intentional Torts
Generally, personal injury law can be split into two separate categories: negligence or intentional acts. They may also be referred to as “torts” an old english term meaning “legal cause of action” for which someone can try to seek to be compensated through the courts.
Negligence
Negligence will occur when one individual damages the person or property of someone else without the “intent” to injure. This could occur due to a lack of care of the first person. For example, a driver who is careless, and causes an truck accident by not obeying the motor vehicle laws may be considered negligent and would be held responsible for any damages caused to -any individual or personal property.
In order to win in a negligence action, the injured individual needs to show that the other individual had a duty of at least reasonable care, did not maintain care, and that this failure to maintain such reasonable care caused the damage to the injured party. For example, looking to the accident mentioned above, all drivers generally have the duty to operate their vehicle in a safe manner. If they fail to do so, and that damages to another, or their personal property, they would most likely meet all of the requirements to be held negligent and therefore accountable for any damages caused to the injured party.
most negligence cases may include slip and fall situations, automobile accidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.
Intentional Torts
An intentional tort has occurred when a party intentionally acts to injure person or their property. In many situations, it does not matter whether the person intended to cause the injury, only that she intended to commit the act which led to the damage. In several jurisdictions an intentional tort can also be defined as an act where a reasonable individual knew or should have known would have caused an injury to a party or property.
Intentional actions may include acts as, kidnapping, assault, and spousal abuse. Actually several intentional tort actions are brought resulting from a criminal act.
Harry S. Bernstein has been representing claimants as an experienced Cleveland injury attorney for several years. Please visit our website at Cleveland accident attorney from more information on this topic.