A Review of Negligence and Intentional Torts
Generally, personal injury law may be split into two categories: negligence or intentional acts. They may also be referred to as “torts” an old english term meaning “legal cause of action” for which someone may attempt to seek compensation through the courts.
Negligence
Negligence occurs when one person damages an individual or property of another without any “intention” to injure. This could occur due to a lack of care of the first person. For example, a driver who is careless, may cause an motor vehicle accident by failing to obey the motor vehicle laws may be considered negligent and would be responsible for damages caused to -any individual or property.
In order to succeed in a negligence action, the injured party must prove that the other party had a duty of reasonable care, failed to maintain reasonable care, and that this failure caused the damage to the aggrieved person. For example, referring to the auto accident mentioned perviously, all motor vehicle operators have the duty to operate their vehicle safely. If they fail, and this causes damage to another, or their personal property, then they would meet all the requirements to be held negligent and therefore liable for all damages caused to the injured party.
The majority of negligent cases generally include slip and fall situations, car incidents, products liability cases, and injuries resulting from medical malpractice.
Intentional Actions or Torts
An intentional tort has occurred when a party acts with intention to injure party or their property. In most situations, it does not matter whether the individual intended that an injury occur, only that he acted with intention to cause the act which led to the injury. In some jurisdictions an intentional tort can also be stated as an act where a reasonable individual knew or should have known would have led to an injury to a person or property.
Intentional actions include actions as, kidnapping, assault, and domestic violence. In fact many intentional tort actions are brought resulting from a criminal act.
Harry S. Bernstein has been representing claimants as an experienced Cleveland injury attorney for several years. Please visit our website at Cleveland accident attorney from more information on this topic.
