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What is an Intentional Tort?

Posted by Dan Kann | Oct 05, 2020 | 0 Comments

You may have heard the word tort before--it is a common legal term that refers to a wrongful act of one person that causes harm to the person or property of another. Tort law falls under the civil side of the law (between two parties) and is different than criminal law (between the government and a person).

When a tort occurs, the person who committed the action is legally liable to the other person they hurt. Sometimes, torts occur unintentionally or as a result of the negligence of another person. However, torts can also be committed on purpose--when a tort is committed on purpose, or intentionally, it is called an intentional tort.

Types of Intentional Torts

Under the law, there are many different actions that are considered intentional torts. Some these include:

  • Assault: Under California civil law, an assault occurs when you create fear in another person of immediate harm or offensive contact. Assault does not require actually touching another person, just that they feared contact was going to happen. This can include sexual assault.
  • Battery: Batter is the intentional, harmful, or offensive contact. With battery, physical contact is actually made. This can include sexual battery torts.
  • Trespass: Trespass means intentionally coming onto someone else's property without permission.
  • False imprisonment: intentionally confining or restraining another person
  • Intentional infliction of emotional distress: This occurs when a person's intentional act causes emotional harm to another person. The act must be extreme and outrageous and cause serious mental distress.

Intentional torts can be confusing because they usually have criminal consequences too. But it is important to know that even if a person faces criminal charges for their actions, they can also have civil liability to compensate the person they hurt for their injuries.

For example, if a person commits a battery such as punching a victim and the victim is injured, that person may face criminal charges for committing a crime. However, they will also be civilly liable to the victim for the harm they caused the victim. The victim can bring a California personal injury claim against the person that punched them to get financial compensation for the cost of their injuries and other damages. 

Talk to a Southern California Personal Injury Attorney

If you have been injured by the intentional tort of another person, you deserve to be compensated for your injuries. You should never have to suffer because of the wrongful actions of another person--if you have, you can seek financial recovery for your damages. This is possible by bringing a personal injury claim.

The skilled Southern California personal injury attorneys at the Kann California Law Group can help you bring your personal injury claim for your intentional tort injuries. We will work hard to maximize your recovery for the harms you have suffered. We offer a free case consultation to those who have been injured where we can discuss the details of your case and answer any of your questions. To schedule your consultation, contact us today at 888-744-7730 or by using our online form. Don't suffer in silence. We look forward to discussing your case with you. 

About the Author

Dan Kann

Daniel E. Kann has devoted his entire legal career exclusively to defending individuals facing criminal prosecution in Southern California. Dan fights criminal cases throughout Los Angeles, Ventura, Orange, Kern, Riverside and San Bernardino Counties.


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