Intentional Torts

Posted Friday, August 31, 2018 by Chris Thayer

Imagine that a driver rear-ends another vehicle because he did not notice that traffic had slowed ahead of him. Now imagine that the driver has been aggressively tailgating the vehicle and then purposefully rams into the back of it before changing lanes and speeding off. In either case, the injured driver may seek civil compensation, but under what theory of law?

Negligence Vs. Intentional Torts

There is a difference between injuries caused by careless actions and injuries caused by deliberate actions. When people act carelessly or negligently, they do not intend to cause harm and any injuries are purely accidental. They can be held accountable for their conduct, regardless of intent. But sometimes, people intend to cause harm. That kind of behavior is called an intentional tort. (A “tort” is a wrongful act that leads to civil liability.)

Intentional torts are often criminal offenses. But criminal violations are separate and distinct from civil violations. One type of lawsuit does not depend on the other, and an injured plaintiff can seek damages whether or not there is a criminal prosecution or conviction.

Types of Intentional Torts

Washington recognizes several types of intentional torts, including:

• Assault, which happens when someone attempts to physically harm another person or threatens to harm the person (this is also called attempted battery).
• Battery, which happens when someone physically harms another person (on purpose).
• Conversion, which happens when someone intentionally deprives another person of their personal property (the criminal equivalent is theft).
• Defamation, which happens when someone makes a false statement about another person, either written or spoken. Written defamation is called libel and spoken defamation is called slander. The false statement must cause some kind of harm.
• False imprisonment, which happens when someone unlawfully and intentionally confines another person (with a few exceptions).
• Fraud, which happens when someone intentionally misrepresents a fact and someone relies on that fact to their detriment.
• Tort of outrage (or intentional infliction of emotional distress), which happens when someone’s extreme or outrageous conduct causes another person severe emotional distress (they are also liable for any resulting physical injuries).
• Trespass, which happens when someone enters private property without permission. This claim exists whether or not the property or owner is actually harmed.

*Filing a Personal Injury Lawsuit in Washington*The deadline for filing a personal injury lawsuit in Washington is either two or three years, depending on the cause of action. For example, you usually have three years to file a negligence lawsuit, but you only have two years to file a lawsuit for false imprisonment, assault and battery, and defamation. (The rules are different when the victim is a child.)

Contact an experienced attorney, who can ensure you meet these and other statutory deadlines. An attorney can also help determine whether your injury was the result of negligence or an intentional act.

*Contact Us Today*Contact one of our personal injury attorneys today for a free consultation if you are injured by someone’s negligent or intentional conduct. Our experienced attorneys will help recover the compensation that you deserve, including medical expenses, lost wages, and pain and suffering.

(image courtesy of Greg Raines)