What is the Difference between Negligence and Intentional Torts?

Negligence and intentional torts are two very different types of civil wrongs that can lead to a person, or business, being held liable for any damages or harm caused. Negligence is defined as the failure to use reasonable care and caution, resulting in damages to another person or their property. Negligence is an unintentional wrong and is often accidental. In contrast, an intentional tort is an act of causing harm, harmfully interfering with another person’s property, or taking away another person’s rights on purpose. Intentional torts can also be referred to as “active” torts. Intentional torts can include assault, battery, false imprisonment, conversion (wrongful taking of property), and trespass. Negligence and intentional torts are both civil wrongs, but differ significantly in the degree of culpability, or blameworthiness. Negligence is often seen as unintentional and accidental, whereas intentional torts are acts that are done willfully and intentionally with the purpose of causing harm. Under California law, someone who commits an intentional tort can be held strictly liable for the damages or harm caused from the act. This means that the person or business committing the act cannot claim any legal defense such as acting in the reasonable belief that their actions were reasonable. On the other hand, negligence is judged using the standard of ‘reasonableness’ to determine if the person was acting with proper care and caution. If the court finds that the person was not acting reasonably, then they can be found liable for any damages caused.

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What is the Difference between Negligence and Intentional Torts?

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