Forms Of Liabilities In Intentional Torts

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An intentional tort arises if someone intentionally causes you harm. Below are some of the various forms of liability claims you can use in your intentional tort claim.

Liability against the Tortfeasor

The tortfeasor is the person who directly committed the act that triggered the intentional tort claim. For example, if someone stabbed you in the stomach during a robbery, then the person who did the actual stabbing is the tortfeasor.

You can lodge your claim directly against the tortfeasor since they are the ones who caused you injury. To succeed with an intentional tort claim, you must prove that the person intended to harm you. You may still be able to collect your damages if you don't succeed with the intentional tort proof. However, the court may change your case to a negligent claim.

Transferred Intent

You don't have to prove that the defendant intended to harm you for you to prevail with your intentional tort claim. You can pursue your damages against the defendant even if it is clear that you were not the intended victim of their actions.

In this case, however, you will use the legal principle of transferred intent. For this legal theory, you need to prove that the defendant intended harm to another person but instead caused you harm. An example is if two men are fighting, one swings a bat at the other one but misses and hits a passerby instead. The passerby can pursue damages against their attacker using the legal theory of transferred intent.

Vicarious Liability

Vicarious liability laws make one person liable for the actions of another. The laws typically apply when one person has some sort of authority over the other one. Examples of relationships that might trigger vicarious liability include parent-child and employer-employee relationships.

Consider an example where you get into a fight with a pizza delivery person, and you end up with a sprained ankle. You might be able to hold the employer of the delivery person liable for your injuries if the fight occurred when the delivery person was still on the clock. Another example is if a child driver crashes into your car — you may succeed in holding the parents liable for your damages.

Hopefully, you won't be dealing with any injuries, intentional or otherwise.  If you have suffered intentional injuries, however, you should consult a personal injury attorney to assess your case and help you identify the legal theories to use in your claim.

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