When someone commits a wrong against another person, that person may file a lawsuit to recover damages suffered as a result of the wrong. Under Colorado law, there are different types of wrongs or torts that may be committed. One of these types of torts is an intentional tort.
Table of Contents
Overview of Tort Law
Before delving into intentional torts, it is important to have a basic understanding of tort law. Tort law is a body of law that deals with civil wrongs. These wrongs may be intentional, negligent, or strict liability in nature. When a person commits a tort, they have breached a duty of care that they owe to another person, resulting in harm or injury to that person. The person who has suffered harm or injury may file a lawsuit to recover damages suffered as a result of the tort.
What Are Intentional Torts?
Intentional torts are a type of tort where a person purposefully causes harm or injury to another person. Unlike negligence, where harm is caused unintentionally, intentional torts are committed with the intent to cause harm. Examples of intentional torts include:
Assault
Assault occurs when a person threatens to cause harm or injury to another person, placing that person in reasonable fear of immediate harm. It is important to note that assault does not require any physical contact.
Battery
Battery occurs when a person intentionally touches another person in a harmful or offensive manner, without that person’s consent.
False Imprisonment
False imprisonment occurs when a person intentionally confines or restrains another person’s freedom of movement, without that person’s consent.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress occurs when a person engages in extreme and outrageous conduct that causes severe emotional distress to another person.
Defamation
Defamation occurs when a person makes a false statement about another person that causes harm to that person’s reputation.
Invasion of Privacy
Invasion of privacy occurs when a person intentionally intrudes upon another person’s private affairs, or publicizes private facts about another person without their consent.
Elements of Intentional Torts
In order to establish a claim for an intentional tort, the plaintiff must prove several elements:
Intent
The plaintiff must show that the defendant intended to cause harm or injury. Intent does not require that the defendant intended the specific harm that resulted, but only that the defendant intended to perform the act that caused the harm.
Causation
The plaintiff must show that the defendant’s intentional act was the proximate cause of the harm or injury suffered by the plaintiff.
Damages
The plaintiff must show that they suffered actual damages as a result of the harm or injury caused by the defendant’s intentional act.
Defenses to Intentional Torts
There are certain defenses that may be raised in response to a claim for an intentional tort, including:
Consent
If the plaintiff consented to the defendant’s conduct, they may not be able to recover damages.
Self-Defense
If the defendant’s conduct was in self-defense, they may be able to avoid liability for an intentional tort.
Defense of Others
If the defendant’s conduct was in defense of others, they may be able to avoid liability for an intentional tort.
Privilege
Certain conduct may be privileged under the law, such as conduct by law enforcement or conduct that is necessary to protect public safety.
Conclusion
Intentional torts are a type of tort where a person intentionally causes harm or injury to another person. There are several types of intentional torts, including assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, and invasion of privacy. In order to establish a claim for an intentional tort, the plaintiff must prove elements including intent, causation and damages. Defenses to intentional torts include consent, self-defense, defense of others, and privilege.