Intentional torts and negligence torts are two different types of civil wrongs that can prompt a court to award compensation to an injured victim. The main difference between the two is the perpetrator’s mental state at the time of the commission of the act.
Examples of Intentional Torts
Following are some common examples of intentional torts:
- Someone deliberately runs you off the road in a “road rage” incident (battery)
- Someone points a gun at you but doesn’t fire (assault)
- Your spouse locks you in the closet during an argument (false imprisonment).
- A prankster calls you, falsely identifies themself as the country coroner, tells you your daughter has died in a car accident, and asks you to come to the hospital to identify the body.
Some intentional torts, such as trespass to land, do not involve personal injury.
The Elements of an Intentional Tort Claim
To win an intentional tort claim, you must prove the following four facts:
- The defendant intended to perform the act that injured you. A court will presume that the defendant intended any natural consequences of that act. If the defendant pointed a gun at you and pulled the trigger, for example, the court will assume that the defendant intended to inflict a gunshot wound.
- The defendant must have actually performed the act that injured you. Pointing a gun at your knee is an intentional tort in and of itself (assault), but if they don’t pull the trigger, they have not committed the tort of battery.
- You must have suffered harm. That doesn’t necessarily mean a broken bone. Even an offensive touch is enough.
- The defendant’s wrongful act must have been the cause of whatever harm you suffered.
Some intentional torts, such as trespass to land, do not qualify as personal injury claims. Others, such as assault and battery, do qualify as personal injury claims.
Examples of Negligence Claims
Here are some examples of common negligence claims:
- A driver runs your motorcycle off the road while talking on their cell phone.
- A shop owner or their employee fails to erect a ‘Wet Floor’ sign after mopping the floor.
- A dog owner allows their aggressive dog to run free.
- A pharmaceutical manufacturer fails to warn doctors and consumers that pregnant women should not use it.
These are just four of a multitude of possible scenarios.
The Elements of a Negligence Claim
To win a negligence claim, you must prove the following four facts:
- The defendant owed you a duty of care. That duty of care might be a duty of ordinary care, or it might be an elevated duty of care (such as the professional duty of a doctor to their patient).
- The defendant breached their duty of care.
- You suffered harm. Typically, this means physical harm.
- The defendant’s breach of duty was the foreseeable cause of the harm you suffered.
You must prove all of these facts. Missing even one of them will doom your claim.
Comparative Negligence
When more than one party was negligent, Florida applies a pure comparative negligence system. If you were partly at fault for your own injuries, a court will calculate your percentage of fault and subtract exactly that amount from your damages. The defendant in a negligence claim can reduce or even eliminate their liability by using comparative fault to shift some of the blame onto the plaintiff.
The defendant in an intentional tort claim, however, cannot benefit from comparative negligence.
Joint and Several Liability
“Joint and several liability” means that if more than one defendant bears liability, the plaintiff can collect the entire amount of the claim from any one of the defendants. This leaves the defendant the option to seek contribution from the remaining defendant(s).
Torts vs. Crimes
If someone unjustly punches you in the nose, they have committed an intentional tort against you. They have also committed a crime. It is a lot easier to prove an intentional tort than it is to prove a crime. That means you can still win a lawsuit even if the defendant wins an acquittal in criminal court.
A Florida Personal Injury Attorney Can Help You Work Things Out
It doesn’t matter whether your claim counts as a negligence claim or an intentional tort. Either way, your chances are probably better with a Florida personal injury lawyer than without one. A lawyer can negotiate for you, or they can represent you in court if necessary. Under the contingency fee system, you only pay if you win. Contact Roman Austin Car Accident and Personal Injury Lawyers today to schedule a free consultation.
Contact the Clearwater Personal Injury Law Firm of Roman Austin Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact the legal team of Roman Austin Car Accident and Personal Injury Lawyers for a free initial consultation with a personal injury lawyer in Clearwater. We have convenient locations in Florida: St. Petersburg, Safety Harbor, Clearwater, New Port Richey, and Tampa.
We serve throughout Pinellas County, Hillsborough County, Pasco County, and its surrounding areas:
Roman Austin Car Accident and Personal Injury Lawyers - Clearwater Office
1811 N. Belcher Road, Suite I-1
Clearwater, FL 33765
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Congress Ave Office
2360 Congress Avenue
Clearwater, FL 33763
(727) 591-5610
Roman Austin Car Accident and Personal Injury Lawyers - Tampa Office
6601 Memorial Hwy Suite 202
Tampa, FL 33615
(813) 686-7588
Roman Austin Car Accident and Personal Injury Lawyers - New Port Richey Office
2515 Seven Springs Blvd.
New Port Richey, FL, 34655
(727) 815-8442
Roman Austin Car Accident and Personal Injury Lawyers - St. Petersburg Law Office
840 Beach Dr NE Suite 202
St. Petersburg, FL 33701
(727) 787-2500
Roman Austin Car Accident and Personal Injury Lawyers - Safety Harbor Law Office
202 9th Ave S Suite A-2
Safety Harbor, FL 34695
(727) 787-2500
