Intentional Torts


The world of tort law is, for the most part, divided into two broad categories of faults. The first category, negligence, is much less straightforward than the other category, intentional torts. For a tort to be an intentional tort, it must have “intent” as one of its elements.

Intentional torts are actions that allow a person who has been injured by the conduct of another to recover for damages from the tort. Common examples of intentional torts include intentional infliction of emotional distress, battery, assault, and false imprisonment. While potentially drastically different, each of these torts has the element that the defendant must have intended to do something.

There are three levels of intent that a defendant can exhibit.

  • Level one intent is where the defendant purposefully did something. For example, if the defendant thinks to himself that he is going to hit the plaintiff, he purposefully intended to hit the plaintiff.
  • Level two intent occurs when the defendant is reasonably certain that a certain event will happen if he does something. For example, if a person throws a ball into a crowd of people, he can be reasonably certain that the ball will strike someone.
  • Level three intent is also called transferred intent. In transferred intent, the intent to do something is transferred between torts and people. If the person intended to threaten Person A by winding up as though to throw a ball and then Person B is scared by the potential for imminent harm, the intent to scare Person A will transfer to Person B.

Contact a Minnesota Personal Injury Lawyer

If you have been the victim of someone’s intentional or negligent actions, contact the Minnesota personal injury lawyers of TSR Injury Law at 612-TSR-TIME or submit our contact form.

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