What Is An Intentional Tort? Definition & Examples

An intentional tort occurs when:

• Someone makes a purposeful choice to act (or fail to act) in a certain way
• This purposeful act or omission causes harm
• The victim who is harmed experiences damages they can be compensated for

Intentional torts are one of several types of torts that can give rise to a civil lawsuit. Others include:

• Negligence torts, which defendants can be held liable for even if they did not intend harm if they had a duty to act with a certain level of care and failed to do so
• Strict liability torts, which defendants can be held liable for even if they did not intend harm and were not negligent

Intentional torts, negligence torts and strict liability torts are all governed under a body of law called tort law that determines when a victim can successfully file a civil lawsuit to obtain compensation for damages.

Negligence vs. Intent

In tort cases arising out of negligence, there is no need to show a defendant acted purposefully in order to successfully get compensation for damages.

But, when your claim is based on an intentional tort, you have to prove the added element of intent. To win a case arising out of an intentional tort, you need to show the defendant acted knowingly or purposefully.

For example, you could win a negligence case against a driver who was speeding in his vehicle and who caused an accident due to that excess speed–even without showing the driver wanted to cause a crash.

But if you wanted to make an intentional tort claim against the driver, you would need to show the driver meant to hit your vehicle.

There are many different kinds of intentional torts. Some common examples of wrongful behavior that is governed under tort law and which could give rise to a civil lawsuit include the following:

• Assault: Assault can involve a threat of unwanted and/or damaging physical contact that inspires fear. For example, pointing a gun at someone or credibly threatening to punch someone would both be examples of assault.
• Battery: Battery occurs when a person hits or touches someone in an offensive way. Examples of unwanted harmful physical conduct that could constitute battery include everything from punching someone to performing medical procedures without consent.
• Conversion: Depriving a rightful owner of their property is conversion. It is not the same as theft. An example is if you rent a post digger for a weekend and the company comes and takes it on Saturday when your contract gives you use until Sunday.
• Defamation: Defamation is a false statement presented as fact that causes reputational harm. Libel occurs when the statement is written and slander when it is spoken.
• False imprisonment: Improperly detaining someone or restricting their movement against their will is an example of false imprisonment.
• Intentional infliction of emotional distress: This is egregious or outrageous conduct engaged in for the intent of causing mental harm. The conduct must be beyond the bounds of what is tolerated in a civilized society

These are just some of many examples of intentional torts that could be committed against you–and that could give rise to a civil lawsuit to recover compensation. If you suspect someone has acted intentionally to harm you, you may wish to speak with an experienced attorney about whether you should file a claim.

Intentional torts often involve behavior that is also considered criminal. For example, if someone batters you, they could be charged with a crime but you could also bring a civil lawsuit under tort law.

There are very important differences between criminal cases and tort cases, though. Specifically, only prosecutors who work for the state can bring criminal charges. These charges are intended not to compensate victims but to protect public welfare and punish the defendant for breaking the laws of the state.

By contrast, individuals (or companies) who have been wronged can file a civil lawsuit governed by tort law in order to try to be “made whole” when someone has harmed them. The purpose of the civil lawsuit is to obtain monetary compensation for the damages caused. A defendant won’t be jailed or receive a criminal record as a result of the outcome of the case.

Beyond who files the case, the other big difference between a criminal case and a civil case is the burden of proof required.

• In a criminal case, a defendant cannot be convicted unless the prosecutor proves guilt beyond a reasonable doubt.
• In a civil case, the burden of proof is lower and generally plaintiffs only need to prove their case by a preponderance of the evidence. This means more likely than not, the plaintiff’s case holds up and the defendant should be held accountable.

You can decide to file a lawsuit for an intentional tort even if a prosecutor does not file criminal charges against someone who harmed you. You can also win a civil suit even if a defendant was found not guilty in criminal court. But you still do need to prove your case, so you should consider hiring an attorney if you believe you were the victim of an intentional tort.

An experienced attorney can help you gather evidence to prove intent, as well as to demonstrate the other elements of your case so you can recover compensation for medical bills, pain and suffering and emotional distress you endured.