An intentional tort is a type of civil wrongdoing where harm is caused on purpose. Unlike most personal injury cases, which are based on negligence, intentional torts involve deliberate actions meant to cause injury or offense. These cases focus on conduct that goes beyond carelessness and into purposeful behavior.
Intentional torts are treated differently under the law because the harm is not accidental. Understanding what qualifies as an intentional tort helps explain when a case falls outside ordinary negligence rules and why damages may be handled differently.
What Is an Intentional Tort?
An intentional tort occurs when a person knowingly and deliberately commits an act that causes harm to another person. The key factor is intent. The person does not need to intend the exact injury that occurred, but they must intend the act that led to the harm.
For example, if someone intentionally strikes another person, the act itself is intentional even if the severity of the injury was not planned.
Intentional torts are civil cases, not criminal cases, though the same conduct can sometimes lead to both.
How Intentional Torts Differ From Negligence
Negligence involves a failure to act with reasonable care. Intentional torts involve purposeful conduct.
The difference matters because negligence focuses on mistakes, while intentional torts focus on deliberate actions. This affects how liability is proven and what types of damages may be available.
Negligence cases ask whether someone should have acted differently. Intentional tort cases ask whether someone chose to act in a harmful way.
Common Types of Intentional Torts
Intentional torts can take many forms, and some of the most common include:
- Assault
- Battery
- False imprisonment
- Intentional infliction of emotional distress
- Defamation
- Trespass
- Conversion of property
Each type involves specific elements that must be proven, but all share the requirement of intentional conduct.
Assault and Battery
Assault and battery are often discussed together, but they are legally distinct.
Assault involves intentionally causing someone to reasonably fear imminent harmful or offensive contact. Physical contact is not required.
Battery involves intentional and harmful or offensive physical contact. Even minor contact can qualify if it is unwanted and intentional.
False Imprisonment
False imprisonment occurs when someone intentionally restrains another person without legal authority and without consent.
This may involve physical barriers, threats, or other actions that prevent a person from leaving a space. The confinement does not have to be long to qualify.
Intentional Infliction of Emotional Distress
This tort involves extreme and outrageous conduct intended to cause severe emotional harm.
Not all emotional distress qualifies. The behavior must be beyond what is considered socially acceptable, and the emotional harm must be serious and documented.
Defamation as an Intentional Tort
Defamation involves knowingly making false statements that harm another person’s reputation.
This can include spoken statements, known as slander, or written statements, known as libel. The focus is on intentional or reckless disregard for the truth.
What Must Be Proven in an Intentional Tort Case
Intentional tort cases require specific proof.
The injured party must show:
- The defendant acted intentionally
- The act caused harm
- The harm resulted in damages
Evidence may include witness statements, video footage, medical records, written communications, and other documentation showing intent and impact.
Damages Available in Intentional Tort Cases
Damages in intentional tort cases may include compensation for medical expenses, lost income, pain and suffering, and emotional distress.
Because the conduct is intentional, these cases may also allow punitive damages. Punitive damages are meant to punish wrongful behavior and discourage similar conduct in the future.
Insurance coverage is often limited or unavailable for intentional acts, which can affect how claims are resolved.
Intentional Torts in Missouri Personal Injury Law
Missouri law recognizes intentional torts and allows injured people to seek compensation through civil claims. These cases are evaluated separately from negligence claims and follow different legal standards.
Because intent must be proven, evidence plays a critical role. Clear documentation and credible testimony are essential in showing that the conduct was deliberate rather than accidental.
Why Intentional Tort Claims Are Complex
Intentional tort cases are often more complex than negligence cases. Defendants may deny intent or argue that the act was justified or misunderstood.
These disputes can involve factual disagreements, credibility issues, and overlapping criminal proceedings. Careful case preparation is important when intent is a central issue.
Intentional Tort Versus Criminal Charges
An intentional tort is a civil claim. A criminal charge is brought by the government. The two can exist at the same time, but they are separate processes.
A person can be found not guilty in a criminal case and still be held responsible in a civil intentional tort case because the standards of proof are different.
Contact the St. Louis Personal Injury Attorneys at Roach Law Car Accident Lawyers for Help Today
Intentional torts address harm caused by deliberate actions rather than accidents. They exist to hold people accountable for conduct that goes beyond carelessness. Understanding what qualifies as an intentional tort helps explain when a case falls outside normal negligence rules and why these claims are treated differently under the law.
If you’ve been injured by someone else intentionally hurting you, Roach Law Car Accident Lawyers is here to help. Our St. Louis personal injury lawyers are ready to fight to pursue the compensation you deserve. Contact us today at (636) 519-0085 for a free consultation.