What is the Difference between Negligence and Intentional Torts?

Negligence and intentional torts are both legal concepts that address when people should be held liable for harming others. Generally, when an individual or company causes harm to another person, they may be held legally responsible in a civil court for damages. However, the way responsibility is assigned differs depending on the type of tort involved. Negligence is when a person or company is found to have acted carelessly or in a way that does not meet the standard of care required for that situation. To establish negligence, four elements must be proved: duty of care, breach of duty, causation, and damages. When negligence is established, the party found to be at fault is liable for any resulting damages or losses. Intentional torts involve deliberate action or intent from the responsible party. Intentional torts can be classified as either “acts that are intended to cause injury,” or “acts that are intended to cause property damage.” Examples of intentional torts include false imprisonment, battery, defamation of character, fraud, and trespass. In intentional torts, the liable party may have to pay damages that exceed those of a negligence case. In Texas, an injured party must prove negligence or intentional wrong doing to hold a responsible party liable. However, the specific laws and types of compensation available vary by state. It is always important to consult a qualified attorney in order to best understand individual rights and the legal options available.

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What is the Difference between Negligence and Intentional Torts?

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