A Discussion of Negligence and Intentional Torts
Posted on: February 21, 2010 by: adminIn general, personal injury law can be separated into two separate categories: negligence or intentional acts. They may also be referred to as “torts” an old english term meaning “legal cause of action” for which an individual may try to seek compensation through the legal system.
Negligence
Negligence will occur when one individual damages an individual or property of another without any “intent” to injure. This may occur due to a lack of care of the first individual. For example, a driver who is careless, may cause an motorcycle accident by failing to obey the traffic code could be considered negligent and would be responsible for any injuries caused to {-any} individual or personal property.
To succeed in a negligence case, the injured party needs to prove that the other person owed a duty of reasonable care, did not maintain care, and that this failure to maintain such reasonable care led to damage to the injured person. For example, looking to the accident discussed above, all motor vehicle operators generally owe the duty to operate their auto safely. If they fail, and this failure causes injury to any other person, or their property, they would most likely meet all the requirements to be held negligent and be accountable for all damages caused to the injured person.
most negligence cases usually include slip and fall cases, motorcycle incidents, products liability cases, and injuries resulting from medical malpractice.
Intentional Actions or Torts
An intentional tort occurs when a person intentionally acts to damage individual or their property. In many situations, it does not turn on whether the party intended to cause the injury, only that he intended to commit the act which caused the damage. In some states an intentional tort can also be stated as an act which a reasonable person knew or should have known would have caused an injury to a person or property.
Intentional actions include such actions as, kidnapping, assault, and spousal abuse. Actually several intentional tort cases are brought resulting from the commission of a criminal act.
Harry S. Bernstein has been representing clients as an experienced Cleveland injury attorney for several years. Please visit our website at Cleveland personal injury attorney from more information on this topic.
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