What is the Difference between Negligence and Intentional Torts?

Negligence and intentional torts are two different types of legal actions that may arise when a person is harmed. Negligence is a type of accident that occurs when an individual’s actions fail to meet a reasonable standard of care. An example of negligence in New Jersey is if a person fails to clean up a wet floor and someone slips and falls. Intentional torts, on the other hand, are wrongful acts that are done with the intent to cause harm. An example of an intentional tort in New Jersey is if a person punches another person with the intent to cause him or her harm. The key difference between negligence and intentional torts is the intent of the individual causing the harm. In cases of negligence, the harm was not intended. The individual may have failed to act with sufficient care but their actions did not indicate an intent to cause harm. In intentional torts, the individual intended to cause harm. This is an important distinction in New Jersey law, as intentional torts generally lead to greater liability for the individual who caused the harm. Another important difference between these two types of torts is that in cases of negligence, the injured person must prove that the defendant breached a duty of care, that the breach was the fact of their injury, and that their injury resulted in damages. In cases of intentional torts, the injured person only needs to show that the defendant intended to harm them and that the harm resulted in damages. This difference can be important when filing a lawsuit, as intentional torts are often easier to prove in court.

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