In the realm of New York personal injury law, there are two categories of harm that can occur: intentional torts and unintentional torts. A tort is any wrongful act that results in harm or injury to someone else, and it is categorized as either intentional or unintentional based on whether the offender acted with intent. This article will examine the differences between these two types of torts, including the legal definitions of each, the elements required to prove liability, and the types of damages that can be recovered.
Table of Contents
Understanding What an Intentional Tort Is
An intentional tort occurs when someone deliberately or purposefully causes harm to another person. There are several types of intentional torts, including assault, battery, false imprisonment, intentional infliction of emotional distress, defamation, and trespass.
Assault
Assault is defined as the imminent threat of an offensive touching that causes fear. In other words, if someone is about to strike you and you fear that they will, that is considered assault.
Battery
Battery is the intentional, harmful, or offensive touching of another person without their consent. This can include anything from a punch in the face to a sexual assault.
False Imprisonment
False imprisonment happens when someone is intentionally confined against their will. This could include being locked in a room or being held against one’s will.
Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress involves extreme conduct that goes beyond what society normally accepts. The behavior must be so severe and outrageous that it causes serious emotional damage to the victim.
Defamation
Defamation is when someone makes a false statement about you, and that statement damages your reputation. The statement must be communicated to a third party, and it must be false.
Trespass
Trespass happens when someone invades your property without permission. They don’t have to steal or damage anything; simply being there without your consent is enough.
Understanding What an Unintentional Tort Is
Unlike an intentional tort, an unintentional tort occurs when harm or injury is caused to someone else through an act of negligence. Negligence is the failure to take reasonable care to prevent harm to someone else.
Elements Necessary to Prove Negligence
To prove negligence, the plaintiff must show that the defendant owed them a duty of care, that the defendant breached that duty of care, that the breach caused the plaintiff harm, and that the plaintiff suffered damages as a result.
Types of Unintentional Torts
The most common types of unintentional torts include:
Car accidents
Drunk driving, distracted driving, speeding, and other forms of reckless driving can all lead to car accidents, which can be catastrophic.
Medical malpractice
When doctors, nurses, or other healthcare professionals fail to provide adequate care to their patients, they can be held liable for medical malpractice.
Slip and fall accidents
When a property owner fails to maintain their premises, they can be held liable for slip and fall accidents that occur on their property.
Product liability
When a product is manufactured improperly, it can cause harm to the people who use it. This is known as product liability.
Recovering Damages in Tort Cases
Whether the tort is intentional or unintentional, the plaintiff can seek to recover damages for their injuries. Damages may include compensation for medical expenses, lost wages, pain and suffering, and other financial losses resulting from the harm they suffered.
Punitive Damages
In some cases, a plaintiff may also be awarded punitive damages, which are intended to punish the defendant for their wrongful actions and deter them and others from committing similar acts in the future. Punitive damages are usually only awarded in cases of intentional torts, though there are some exceptions.
Conclusion
The differences between intentional and unintentional torts in New York personal injury law are significant, and it is important to understand the specific elements required to prove each type of case. By understanding what each type of tort entails, and by working with an experienced personal injury attorney, plaintiffs can better protect their rights and seek appropriate compensation for their injuries.