What Are Intentional Torts?

When most people think about personal injury cases, they often imagine car accidents, slip and falls, or medical malpractice—incidents typically rooted in negligence. 

But not all injuries are caused by careless behavior. 

Some are the result of intentional harm—acts done on purpose to injure, offend, or otherwise violate another person’s rights. These types of civil wrongs are known as intentional torts.

At Morgan & Morgan, we believe that justice should be pursued not only when someone is careless but also when they deliberately cause harm. 

If you were injured due to someone else’s deliberate actions, don’t hesitate to contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Intentional Torts Explained

An intentional tort occurs when someone intentionally commits an act that causes harm to another person. Unlike negligence, which is the failure to exercise reasonable care, intentional torts involve deliberate actions.

For example, punching someone in the face isn't just assault and battery in a criminal sense; it can also give rise to a civil lawsuit for damages. 

The key element in an intentional tort is the intent to commit the act, not necessarily the intent to cause the specific harm that occurred.

Intentional torts can be brought against individuals, businesses, or even government entities, depending on the circumstances.

Common Types of Intentional Torts

There are many types of intentional torts, ranging from physical assault to reputational damage. Below are some of the most common:

Assault and Battery

Assault is the intentional act of creating a reasonable fear of imminent harm in another person. Battery, on the other hand, is the actual physical contact that results from that threat. You don’t need to suffer a visible injury to pursue a claim—unwanted touching or the threat of violence may be enough.

For instance, if someone threatens to hit you and then follows through with a punch, you could sue for both assault (the threat) and battery (the contact).

False Imprisonment

False imprisonment happens when a person is confined or restrained against their will without legal authority or justification. This can occur in situations involving security guards, employers, or even private citizens.

For example, imagine a store owner wrongly suspects you of shoplifting and locks you in a back room for hours without calling the police. This could be grounds for a false imprisonment claim.

Intentional Infliction of Emotional Distress (IIED)

This occurs when someone engages in outrageous conduct intended to cause severe emotional distress. The behavior must go beyond the bounds of decency.

An example could be if a person fakes the death of a loved one as a cruel joke. If it causes psychological trauma, the victim may have a claim.

Trespass to Land

Trespass involves intentionally entering another person's property without permission. Unlike criminal trespass, this civil tort doesn't necessarily require damage to the property—just the unauthorized entry.

If someone repeatedly walks across your lawn despite being asked not to, for instance, you may have a valid claim.

Trespass to Chattels and Conversion

These torts deal with personal property. Trespass to chattels occurs when someone temporarily interferes with your possession of personal property.

Conversion is more severe. It involves someone wrongfully taking or using your property as their own.

If someone borrows your car and refuses to return it, you may sue for conversion.

Defamation (Libel and Slander)

Defamation involves harming another person’s reputation by making false statements.

Libel is written defamation (like a false post on social media), whereas slander is spoken defamation.

To win a defamation case, the plaintiff must typically prove that the statement was false, communicated to others, and caused harm.

Invasion of Privacy

This tort covers several types of wrongful intrusions into someone’s private life, such as:

• Public disclosure of private facts
• Intrusion upon seclusion
• False light
• Misappropriation of name or likeness

Using someone’s photo in an advertisement without their consent could be misappropriation.

Civil vs. Criminal Cases: What's the Difference?

It's important to distinguish between civil and criminal cases. Many intentional torts can also be crimes. For example, assault, battery, or theft. However, civil claims for intentional torts are pursued in civil court, typically for monetary damages, not criminal punishment.

Dual Proceedings

In some cases, a single incident may give rise to both a criminal prosecution and a civil lawsuit. A famous example is the O.J. Simpson case—though he was acquitted in criminal court, he was found liable in civil court for wrongful death.

Intentional Torts in the Workplace

Intentional torts aren’t limited to street fights or property disputes—they also happen in the workplace. Examples include:

• Sexual harassment
• Wrongful confinement by an employer
• Intentional infliction of emotional distress by a supervisor
• Assault and battery in the workplace

Employees who experience this kind of treatment may be able to sue their employers in addition to or instead of filing a workers’ compensation claim.

Schools, Nursing Homes, and Other Sensitive Environments

Intentional torts can be especially traumatic in environments where trust is expected, like schools, nursing homes, and hospitals. In such cases, victims may also have claims against the institution for:

• Negligent hiring or supervision
• Failure to provide a safe environment
• Concealing misconduct

These claims can arise in cases of:

• Bullying
• Elder abuse
• Patient mistreatment
• Sexual misconduct

At Morgan & Morgan, we treat these cases with the sensitivity and aggressiveness they deserve. No one should suffer intentional harm in a place that promises safety.

Proving an Intentional Tort

To successfully bring an intentional tort claim, a plaintiff generally needs to prove:

1. Intent: The defendant meant to commit the act.
2. Action: The act occurred and was voluntary.
3. Causation: The act directly caused harm to the plaintiff.
4. Damages: The plaintiff suffered legally recognizable harm.
    

In contrast to negligence cases, where carelessness is key, intentional torts require proof that the defendant knew what they were doing and acted anyway.

What Damages Can Be Recovered?

Victims of intentional torts may be entitled to compensatory and punitive damages:

Compensatory Damages

These are meant to compensate the victim for actual losses, including:

• Medical expenses
• Lost wages
• Property damage
• Pain and suffering
• Emotional distress
  
   

Punitive Damages

These go beyond compensation and are meant to punish the wrongdoer and deter similar behavior. They are awarded in cases of egregious conduct, such as fraud, malice, or willful harm.

Defenses to Intentional Torts

Just because someone alleges an intentional tort doesn’t mean they’ll automatically win. There are several common defenses:

Consent

If the plaintiff consented to the act, there may be no liability. For example, participants in a contact sport may not sue for injuries typical of the game.

Self-Defense

A person may use reasonable force to protect themselves or others from harm.

Defense of Property

Property owners may use limited force to protect their possessions, though deadly force is rarely justified.

Necessity

In emergencies, a person may trespass or interfere with property to prevent greater harm. For example, breaking into a cabin during a snowstorm to avoid freezing could be justified.

What to Do If You're a Victim of an Intentional Tort

Experiencing an intentional tort can be traumatic, overwhelming, and deeply personal. Whether someone physically harmed you, defamed your character, or invaded your privacy, the emotional and financial aftermath can be just as damaging as the act itself. But you are not powerless, and you don’t have to face it alone.

Here’s what you should do if you believe you’ve been the victim of an intentional tort:

1. Ensure Your Immediate Safety

First and foremost, remove yourself from any ongoing danger. If you are in immediate physical danger or feel threatened, call 911. Your health and safety are the top priorities.

If the incident involves violence, sexual assault, stalking, or threats of serious harm, seek assistance from law enforcement or a local support organization right away.

2. Seek Medical Attention

Even if your injuries don’t appear serious, it’s critical to see a healthcare provider. Not only is this important for your well-being, but it also creates a medical record that can serve as valuable evidence in your case.

If you’ve suffered psychological harm, such as anxiety, PTSD, or emotional trauma, consider speaking with a mental health professional. Emotional distress can be just as real and debilitating as physical injury, and it is legally recognized in intentional tort claims.

3. Document Everything

Start gathering evidence as soon as you can. The more documentation you have, the stronger your case may be.

• Write down a detailed account of what happened, including dates, times, and locations.
• Take photos of any physical injuries or property damage.
• Save communications, such as threatening texts, emails, or social media messages.
• Identify witnesses who may have seen the incident or can support your version of events.
• Preserve surveillance footage if the incident occurred in a public place or on private property with cameras.
  
   

4. Do Not Retaliate

As tempting as it may be to fight back or respond in kind, retaliation can hurt your case. If the other party provokes you, respond calmly and let your attorney handle communication on your behalf.

Retaliating may not only weaken your legal position, but it could also expose you to liability.

5. File a Police Report (If Applicable)

In many cases, particularly those involving assault, false imprisonment, or harassment, you should file an official police report. This creates a formal record and can aid both criminal prosecution and civil litigation.

Even if the authorities choose not to press charges, the report can support your claim in civil court.

6. Contact Morgan & Morgan

Intentional tort cases are often emotionally charged and legally complex. An experienced personal injury attorney can:

• Evaluate the strength of your case
• Help you understand your rights
• Gather evidence and interview witnesses
• Calculate the damages you may be owed
• File the lawsuit and represent you in court
• Negotiate a fair settlement

At Morgan & Morgan, we’ve handled thousands of cases involving intentional harm, and we know how to stand up to bullies, abusers, and institutions that look the other way. We offer free consultations and work on a contingency fee basis, so you don’t pay unless we win.

7. Keep a Record of the Impact on Your Life

Intentional torts often result in long-term consequences. Keep a journal detailing how the incident has affected your:

• Mental and physical health
• Relationships
• Ability to work
• Sleep or daily functioning
• Sense of safety and well-being

These personal reflections can be powerful in court and help prove the emotional impact of what you’ve endured.

Morgan & Morgan Can Help

Intentional tort cases can be legally and emotionally complex. A skilled attorney at Morgan & Morgan can handle the hard parts while you focus on recovering and moving forward with your life.

At Morgan & Morgan, we’ve recovered billions of dollars for people who’ve suffered harm. We believe in fighting for justice, especially when someone’s rights have been willfully violated.

We’re America’s largest personal injury law firm, with over 1,000 attorneys nationwide. Whether your case involves a physical assault, reputational damage, or emotional trauma, our team is ready to stand by your side.

We understand that intentional harm cuts deeper than accidents. That’s why we fight aggressively to hold wrongdoers accountable—in court and beyond.

If someone hurt you on purpose, we want to help. Contact us today for a free case evaluation to tell your story and hear about your options.