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A Review of Negligence and Intentional Acts
By OnTopic | February 15, 2010
Generally, personal injury law can be separated 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 courts.
Negligence
A negligent act will occur when one person damages an individual or property of another without the “intent” to cause damage. This may occur due to a lack of care of the first individual. For example, a driver who is careless, may cause an truck accident by failing to obey the traffic code may be considered negligent and would be held responsible for any damages caused to {-any} person or personal property.
To prevail in a negligence matter, the injured party must prove that the other individual owed a duty of at least reasonable care, failed to maintain that care, and that the failure to maintain such reasonable care resulted in damage to the injured person. For example, looking to the accident mentioned perviously, all drivers generally have the duty to operate their vehicle safely. If they fail, and this damages to another, or another’s personal property, then they would meet all of the criteria to be held negligent and be liable for any injuries caused to the person.
The majority of negligent cases usually include slip and fall situations, motor vehicle accidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.
Intentional Actions or Torts
An intentional tort occurs when a party acts with intention to cause harm to another or their personal property. In many situations, it does not matter whether the individual intended to cause the injury, only that she acted with intention to commit the act which caused the injury. In many states an intentional tort can also be stated as an act which a reasonable person knew or should have known would have caused an injury to a party or property.
Intentional actions include actions as, kidnapping, assault, and spousal abuse. Actually several intentional tort cases are brought as the result of the commission of a criminal act.
Harry S. Bernstein has been representing clients as an experienced Cleveland accident attorney for several years. Please visit our website at Cleveland injury attorney from more information on this topic.
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