What is Intentional Tort? Definition and Examples

1. What Are Intentional Tort Cases?

In a personal injury case, the victim is often hurt through some sort of accident, like when a distracted driver hits a pedestrian with their car or a construction worker drops something heavy and it lands on a passerby. However, when one party intentionally hurts another party in some way, you may have a viable intentional tort case.

2. Understanding Different Types of Intentional Tort Cases

Intentional tort cases do not have to stem from physical harm. For example, if one party knowingly defrauds another party, the intention behind that damage (which in this case is emotional and mental damage) is the key factor. This means that there are various types of intentional tort cases, including the following:

Assault and Battery

This is a common misconception, but assault and battery are actually two distinct intentional torts with distinct causes of action. When a primary party intentionally causes a secondary party to believe that there is a reason to fear imminent harmful contact (for example, a violent threat) that conduct can give rise to a claim for assault. Battery, however, occurs when one party goes through with some form of violent action against another party and intentionally causes harmful and offensive contact to another person. 

False Imprisonment

False Imprisonment occurs when someone intentionally restrains another person by force, or threat of force, against their will without legal authority to do so. 

Conversion

In intentional tort cases, “conversion” is basically another term for theft. If you intentionally steal something from someone, they can bring a civil action for conversion.

Intentional Infliction of Emotional Distress

In North Carolina, a Plaintiff may bring a civil action against another person or entity if the Plaintiff can prove that the defendant engaged in extreme and outrageous conduct that caused the Plaintiff severe emotional distress. 

Trespassing

Intentionally crossing into property that is not yours and is not public can become an intentional tort case if it’s suspected that the trespassing was intentional, that you understood you were in fact trespassing, and the trespass caused damage to the property owner. 

Defamation

If you make a false and damaging statement about another party to a third person, you can be liable for defamation in North Carolina if the statement caused damage to the aggrieved party. Specifically, if the false and damaging statement is written or published, In North Carolina, the aggrieved party may pursue a claim for Libel.  If the statement was orally asserted, the aggrieved party may pursue a claim for slander.  

Fraud

Fraud is a type of intentional tort that involves deliberate deception or misrepresentation to harm another person. It can occur in various settings, from business transactions to personal relationships. For instance, a business might falsely advertise a product, or an individual might lie on their application to get loan approval.

3. How do you prove intentional tort in North Carolina?

In North Carolina, fraud is a serious offense that can have severe legal consequences. To prove fraud, you must typically demonstrate that a false statement of material fact was made knowingly and intentionally to deceive another person, who then justifiably relied on the false statement to their detriment. For example, a car salesperson might knowingly misrepresent the vehicle’s mileage or accident history to induce a buyer to purchase the car. If you believe you have been a victim of fraud, consulting with a North Carolina attorney can help you understand your legal rights and pursue appropriate legal action.

4. What is the hardest tort to prove?

While every tort case presents its own unique challenges, intentional torts can often be the most difficult to prove in North Carolina. This is because they require a high degree of intent and specific evidence to establish liability. For example, proving intentional infliction of emotional distress requires demonstrating extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress.

With the help of skilled legal representation, even challenging intentional tort cases can be successfully litigated. An experienced attorney like Edwards Kirby can help gather evidence, interview witnesses, and build a strong case to protect your rights.

5. How Intentional Tort Cases Differ From Criminal Prosecution

When someone commits a crime that harms you, the state will prosecute that person to punish them for breaking the law. This process of criminal prosecution may provide the victim with closure and the feeling that justice has been served if the defendant is found guilty, but it won’t necessarily provide the victim with the financial compensation required to help recover from any injuries or emotional damage they might have sustained.

Intentional tort claims are a type of civil claim, so they can potentially provide financial compensation for the victim.  Some people wait until criminal proceedings are completed to begin pursuing a civil action. This is unnecessary and potentially risky because the statute of limitations for a civil claim will begin to accrue at the time of the tortious conduct. If you have experienced conduct as a result of an intentional tort, it is important to seek consultation from our civil attorneys to ensure that a claim can be pursued in a timely fashion.

6. Do you want to file an intentional tort claim in Raleigh, North Carolina? Don’t Wait to Contact Edwards Kirby

If you’re in North Carolina and think you’ve been the victim of an intentional tort case, you can experience record-setting compensation for the harm you’ve suffered. Edwards Kirby has recovered over $500 million on behalf of our clients, and we’ve served North Carolina for over 25 years. For more information or a free consultation, visit our website or give us a call at (919) 899-2416.