A Discussion of Negligence and Intentional Acts

In general, personal injury law can be separated into two separate categories: negligent acts or intentional acts. They may also be referred to as “torts” an old english term meaning “legal cause of action” for which someone can seek compensation from the legal system.

Negligent Acts

Negligence occurs when one individual damages an individual or property of another without any “intention” to injure. This may occur due to a lack of care of the first person. For example, a driver who is careless, may cause an motorcycle accident by failing to obey the motor vehicle laws may be found negligent and would most likely be held responsible for any injuries caused to {-any} person or personal property.

To succeed in a negligence case, the injured individual must prove that the other person had a duty of at least reasonable care, did not maintain that reasonable care, and that the failure to maintain such reasonable care resulted in damage to the injured party. For example, looking to the auto accident discussed perviously, all motor vehicle operators generally owe the duty to operate their auto in a safe manner. If they fail in this duty, and that injures to any other person, or another’s personal property, they would most likely meet all of the requirements to be found negligent and therefore liable for all injuries caused to the injured party.

The majority of negligent cases usually include slip and fall situations, auto incidents, products liability cases, and injuries resulting from the malpractice of a medical professional or institution.

Intentional Torts

An intentional tort occurs when a person acts with intention to cause harm to individual or their personal property. In most situations, it does not turn on whether the individual intended that an injury occur, only that he intended to commit the act which caused the damage. In several 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 personal property.

Intentional torts may include acts as, kidnapping, assault, and domestic violence. Actually many intentional tort actions are brought as the result of the commission of a criminal act.

Harry S. Bernstein has been representing clients as an experienced Cleveland injury attorney for several years. Please visit our website at Cleveland personal injury attorney from more information on this topic.