A Discussion of Negligent and Intentional Torts
Generally, personal injury law can be split into two categories: negligence or intentional acts. They may also be referred to as "torts" an old term meaning "legal cause of action" for which an individual may attempt to seek compensation through the legal system.
Negligence
A negligent act occurs when one individual damages the person or property of another without any "intention" to injure. This could occur due to a lack of care of the first person. For example, a driver who is careless, and causes an truck accident by not obeying the motor vehicle laws could be considered negligent and would be held responsible for any injuries caused to {-any} individual or personal property.
To win in a negligence matter, the injured individual needs to prove that the other person had a duty of reasonable care, did not maintain care, and that the failure caused the injuries to the damaged party. For example, referring to the accident mentioned above, all drivers owe the duty to operate their auto safely. If they fail, and that failure causes injury to another, or another's personal property, then they would meet all the requirements to be found negligent and be held for any injuries caused to the injured party.
most negligence matters generally include slip and fall situations, motor vehicle incidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.
Intentional Actions or Torts
An intentional tort has occurred when a person intentionally acts to cause harm to party or their property. In many situations, it does not matter whether the person intended that an injury occur, only that she intended to commit the act which caused the damage. In many jurisdictions an intentional tort can also be defined as an act where a reasonable individual knew or should have known would have led to an injury to a person or personal property.
Intentional actions may include acts as, kidnapping, assault, and domestic violence. Actually many intentional tort cases are brought as the result of the commission of a criminal act.
Negligence
A negligent act occurs when one individual damages the person or property of another without any "intention" to injure. This could occur due to a lack of care of the first person. For example, a driver who is careless, and causes an truck accident by not obeying the motor vehicle laws could be considered negligent and would be held responsible for any injuries caused to {-any} individual or personal property.
To win in a negligence matter, the injured individual needs to prove that the other person had a duty of reasonable care, did not maintain care, and that the failure caused the injuries to the damaged party. For example, referring to the accident mentioned above, all drivers owe the duty to operate their auto safely. If they fail, and that failure causes injury to another, or another's personal property, then they would meet all the requirements to be found negligent and be held for any injuries caused to the injured party.
most negligence matters generally include slip and fall situations, motor vehicle incidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.
Intentional Actions or Torts
An intentional tort has occurred when a person intentionally acts to cause harm to party or their property. In many situations, it does not matter whether the person intended that an injury occur, only that she intended to commit the act which caused the damage. In many jurisdictions an intentional tort can also be defined as an act where a reasonable individual knew or should have known would have led to an injury to a person or personal property.
Intentional actions may include acts as, kidnapping, assault, and domestic violence. Actually many intentional tort cases are brought as the result of the commission of a criminal act.
Source...