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What are intentional torts?

A tort is an action in which one’s negligence or recklessness results in the injury of another. An intentional tort therefore takes place when a person is intending or has intended to inflict an injury to another, which also results in injury. Battery is an example of an intentional tort. 

The Intent Requirement

From the definition, for intentional torts to be recognized, intent is required. For battery to be committed, the wrongful person (the defendant) must intend to act for the purposes of inflicting harm to another (the plaintiff). Therefore, the intent requirement confines the tort liability in cases where an injury or harm is caused due to something more than just negligence of the defendant. It is disjunctive; in that, as a requirement, it can be met in two ways: 1) by intent or purpose to cause harm or 2) reasonable certainty that the act will result in harm. 

Transferred Intent

Since intent is required for tort liability in battery cases, some argue that the intent to harm one person no longer holds if the act results in an injury or harm to someone else different than that intended to be hurt. 

Say, you were sitting on the beach enjoying the sun, and all of a sudden you get hit by a flying rock. Is the person that threw that rock at you liable for tort damages? Yes.

Even in cases in which the intent was not towards the person who ended up getting harmed, the intent requirement still holds. That is called transferred intent. It is a legal fiction that holds wrongful people accountable in cases where an actor attempts one intentional tort but causes another. 

Contacts and Consequences

Contact can mean a variety of things. In this context of intentional torts, contact refers to harmful or offensive contact rather than the socially accepted contacts such as being hit by someone else’s elbow on the train during rush hour. Harmful contact suggests the cause of actual injuries that is not necessarily limited to physical harm. Offensive contact usually provoke retaliation and are tortious. Offensive acts include behavior such as spitting. 

Recovery award as compensation for the damages depend on the severity of the harm or offense caused. 

Consequences refer to the harmful or offensive contact and not the injury that resulted as a consequence of the act per se. 

The Contact Requirement 

For contact to take pace, the wrongful person does not necessarily need to physically touch the other person. The defendant is said to have imposed an unauthorized contact even if he/she used objects intimately associated with the victim's body. 

What is Battery?

In law, the term battery refers to a criminal offense that often involves physical threat. It is the use of force by one person against another that results in harm. It is an invasion of others’ rights of personal security. 

States have various laws that protects citizens from assault and battery. These actions and their legal consequences depend on the severity of the assault or battery. Battery can be pursued through civil law and procedures such as intentional torts.

Why tort law?

Intentional batteries unfortunately occur more than we like them to do so. Therefore, to protect ourselves and our rights to personal security, tort law exists. It deters unauthorized contacts such as intentional batteries that result in harmful and offensive contacts. It provides victims with the opportunity to recover for damages. Because intentional torts require a deliberate choice, it only seems fair to impose damages.

Why Attorney Help For Tort Civil Liability?

Having an attorney for an intentional or negligent tort is extremely important for recovery. The legal process must be engaged and lawsuits filed in order to achieve justice. Do not face alone an attack or negligent act that has caused damage to you. Obtain personal injuries negligence help and attain compensation.

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