What is the Difference between Negligence and Intentional Torts?

Negligence and intentional torts are two different types of civil wrongs. Negligence is when a person or entity fails to exercise reasonable care that results in harm. Intentional torts are when a person or entity intentionally causes harm to another person or entity. Negligence is generally the most common type of tort used in civil court. Negligence can include failing to maintain a safe environment, failing to provide reasonable medical care, and acting in a careless manner, among other things. In order for negligence to be proven, it must be demonstrated that the defendant was not reasonable in their actions and that their actions resulted in harm to the plaintiff. Intentional torts are when a person or entity willfully takes some action with the intent of causing harm to the plaintiff. Examples of intentional torts can include assault, battery, false imprisonment, fraud, trespass, and defamation. Unlike negligence, the defendant in an intentional tort case need not be found to have acted carelessly in order to be held liable. Instead, their intent and the harm caused by their action must be clearly established. In Washington, both negligence and intentional torts are actionable civil wrongs. In general, if an injury or loss was caused by another person’s careless or intentional conduct, a civil cause of action may be available depending on the circumstances.

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