Intentional Acts Causing Personal Injuries
In the majority of personal injury cases in Los Angeles and elsewhere, the harm done is typically the result of negligence or recklessness––intent is generally absent. When the harm is caused by an intentional act, that changes your personal injury case in terms of evidentiary requirements and damages.
If you have been intentionally harmed by another person or entity and want to file a civil action, you may be able to do so in the State of California. Here’s an overview of intentional torts. To learn more or to ask questions specific to your case, contact us. We’ll put you in touch with a personal injury attorney with the experience and skills needed for your case.
What is an Intentional Tort in California?
In California, we all have a duty of care to others, which means we must manage our property or ourselves in a way to not harm or injure another person. In personal injury cases, there are five degrees of wrong:
1. Negligence, where the wrongdoing meant no harm but was careless;
2. Gross negligence, where the wrongdoer made an extreme departure from the ordinary standard of conduct;
3. Recklessness, which is still a negligence-based tort but where the wrongdoer knew or should have known that his conduct could cause harm but disregarded the risk;
4. Intent, where the wrongdoer purposefully commits harm; and
5. Strict liability, where the wrongdoer is at fault regardless of negligence, recklessness, or intent.
An intentional tort is a wrong committed against another person that was intentional and allows the victim of the wrongdoing to file a lawsuit for damages. These types of torts can also be crimes.
The difference between these types of torts is the mental state of the person. Examples will better clarify what an intentional tort is compared to other torts.
Example 1: Negligent Act v. Intentional Act
An example of a personal injury claim based on negligence is a slip and fall accident at a grocery store. The store owner has a duty to keep the premises safe for employees and customers as well as a duty to warn of any unsafe areas. If the floors were recently mopped but no sign was placed to warn customers and someone slips and hurts himself, the store owner may be liable for the injuries.
Taking the same scenario but add an angry employee who knows his neighbor (whom he dislikes) will be in the store, and this employee mops and leaves a puddle of water for the neighbor to slip and fall––this would be an intentional act to harm another person.
Example 2: Reckless Acts v. Intentional Acts
An example of a personal injury case based on recklessness is a driver who speeds through town where there are a lot of traffic lights. The driver may not be able to stop in time for a red light and may crash into another vehicle, injuring the person inside that vehicle. This driver knows his actions could cause harm but does it anyway.
Imagine now a person who also knows speeding can cause harm to another person. This driver speeds on a highway where another driver cuts him off. Angry, this driver speeds, even more, to chase down the other driver and then rams into the back of the other driver’s car to intentionally cause harm. This is an intentional tort.
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Is an Intentional Tort a Criminal Act?
Intentional torts are often where civil action meets criminal action. Examples of criminal behavior that can also result in civil action include:
- Assault
- Battery
- Sexual Battery (Cal. Civil Code § 1708.5)
- Domestic Violence (Cal. Civil Code § 1708.6)
- Stalking (Cal. Civil Code § 1708.7)
- False Imprisonment
- Trespass to Land
- Invasion of Privacy (Cal. Civil Code § 1708.8)
- Conversion
- Fraud
- Defamation.
Take for example a Lyft or Uber driver who sexually assaults a passenger––the sexual assault is a crime, but the victim can also file a lawsuit for damages. The difference between criminal and civil action is the standard of proof. In a criminal case, the State must prove that the defendant committed the crime beyond a reasonable doubt. In a civil action, the plaintiff must only prove the defendant committed the act by a preponderance of the evidence. This means that the plaintiff must only show enough evidence that proves the defendant was more likely to have committed the act than not to have committed it.
Most intentional torts are crimes. One specific intentional tort, however, that is not necessarily a crime is the intentional infliction of emotional distress. This type of intentional tort occurs when:
(1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress;
(2) the plaintiff’s suffering severe or extreme emotional distress; and
(3) actual and proximate causation of the emotional distress by the defendant’s outrageous conduct. (Cervantez v. J.C. Penney Co. (1979) 24 Cal.3d 579, 593.)
Intentional infliction of emotional distress––unlike other intentional torts––is very difficult to prove but is achievable with the right attorney.
What are the Elements of an Intentional Tort in California?
Unlike personal injury cases based on negligence where you must prove duty of care, breach, causation, and damages, intentional tort cases require the plaintiff to prove the intentional tort, which is the crime or intentional infliction of emotional distress. Each of the qualifying crimes (battery, stalking, etc.) have their own set of elements that must be proved by a preponderance of the evidence.
For example, for a personal injury case resulting from a battery, the plaintiff must show that:
1. there was an action that was
2. intentional and resulted in
3. harmful or offensive
4. touching of the plaintiff.
Are There Defenses to an Intentional Tort Civil Action?
It is always important for a plaintiff to know what he or she is up against. A defendant in an intentional tort case may have a defense. The most common defenses include:
- Consent, where the plaintiff consented to the act;
- Self-defense, where the defendant’s action is justified because he or she defended him or herself;
- Defense of Others, where the defendant’s action is justified because he or she defended another person;
- Immunity, where government officials may be immune to certain lawsuits;
- Statute of Limitations, which is one year in the State of California for intentional torts.
What Damages Can a Plaintiff Seek in Intentional Tort Cases?
In intentional tort cases, plaintiffs have options in terms of damages, including general, special, and punitive. They can also seek things like injunctions and attorney fees.
Common General (Non-Economic) Damages
- Pain and suffering
- Disfigurement and/or disability
- Loss of use
- Loss of consortium, love, support, and companionship
- Severe emotional distress
- Humiliation, mental anguish, etc.
Common Special (Economic) Damages
- Medical bills
- Loss of income
- Loss of future earnings
- Custodial care, household help, etc.
Punitive Damages
Punitive damages can be higher in monetary value than general or special damages and are a way to punish the wrongdoer and to prevent the same act from occurring again. To win punitive damages in personal injury cases, the plaintiff must provide clear and convincing evidence that the defendant committed the tort through oppression, fraud, or malice. Clear and convincing evidence is a higher bar than a preponderance of the evidence but a lower bar than beyond a reasonable doubt.
Punitive damages are often awarded in successful intentional tort cases in California.
Do You Have a Personal Injury Case in Los Angeles Resulting from an Intentional Act?
If you have been injured on purpose by another person, you may be able to file a civil action. Contact us today to learn more. We help injured parties in and throughout the greater Los Angeles metro area.
