A tort refers to a civil breach or wrongful injury against a person, group, or property. Businesses or individuals can incur legal responsibility for violating tort law and must compensate with monetary damages. In some cases, the perpetrator may also serve jail time. There are three categories of tort: negligence, strict liability, and intentional tort.
Negligence occurs when one party has a breach of duty and fails to exercise a reasonable standard of care as required by law. As a consequence, the behavior causes injury to another party. Strict liability describes the responsibility the individual who intends to commit the act bears for injuring another party.
The law firm of Eric J. Hertz, P.C. specializes in all types of tort cases – absolute liability, negligence, and intentional torts. If you have questions, call and speak to one of our attorneys to find out your rights and remedies under the law.
According to tort law, an intentional tort occurs when the action injures another individual or property. Intentional torts cases must have four elements:
2) Breach of duty
3) Proximate causation
Duty refers to a party’s responsibility to act or refrain from acting. Breach of duty denotes a party’s failure to do or not do what is required as dictated by the circumstances. Causation provides the link between the actual failure to perform or not perform the duty and damages sustained by the plaintiff.
For example, if a financial institution knowingly sells a speculative financial product it has a duty to inform investors of the high degree of risk and loss of principal. If the company fails to inform investors of the risk, and investors subsequently lose their investment capital, the firm may be liable for fraud.
Besides fraud, the most common types of intentional torts include the following violations:
False imprisonment, malicious prosecution, defamation by computer, and disparagement of goods constitute of forms of intentional torts.
Hire a Competent Intentional Tort Attorney
The complicated nature of intentional tort cases makes it critical to retain competent counsel who can analyze the circumstances of each case and determine if the case contains the four elements necessary for successful litigation. An intentional tort case requires the perpetrator to have enough assets to justify filing a lawsuit.
Usually, insurance coverage does not apply to intentional tort cases. However, if the responsible party lacks sufficient assets, depending on the situation, we may recommend the client pursue the tort of negligence theory. This approach may better serve the client’s interest because negligence cases allow for recovery under the perpetrator’s insurance coverage.
If you believe you or a love one has suffered damages by an intentional tort, contact us immediately for a free, no-obligation consultation. An experienced tort attorney can explain what options you have to protect your rights and ensure you receive the compensation you deserve for damages under Georgia tort law.