Jason Stephens | November 9, 2024 | Texas Law
In Texas, personal injury law allows individuals to seek justice when they suffer harm. This harm can be caused either by someone else’s negligence or their intentional wrongdoing. Understanding the distinction between intentional torts and negligence is crucial. This is especially true when you are deciding how to proceed with a personal injury claim. Both types of torts can result in a claim, but the nature of the at-fault party’s actions makes a difference. There are different legal standards applicable to intentional torts and negligence.
At Stephens Law Firm, PLLC, we help clients understand their options and fight for fair compensation. Below, we’ll break down the essential differences between negligence and intentional torts. Read on to learn the difference between negligence and intentional torts to help you understand which legal avenues may be right for your situation.
What Is Negligence?
Negligence occurs when a person fails to exercise a reasonable level of care. This failure results in harm to another person. In Texas, as in most states, we all have a legal duty to act with reasonable care to avoid harming others. When someone’s careless actions lead to an injury, that person can be held responsible for damages.
To succeed in a negligence claim, four elements must be established:
- Duty of care: The defendant owed the plaintiff a duty to act responsibly. For instance, Texas drivers have a duty to drive safely and follow traffic laws.
- Breach of duty: The defendant breached his duty by acting unreasonably or failing to act.
- Causation: The breach of duty directly caused harm to the plaintiff.
- Damages: The plaintiff sustained physical, financial, or emotional harm as a result.
An example of negligence would be a driver who accidentally runs a red light and causes a collision. Here, the driver did not intend to cause harm but failed to act with the level of care expected of them. If this collision causes harm to an innocent victim, the at-fault driver is on the hook to pay for the damages.
What Is an Intentional Tort?
An intentional tort occurs when someone acts with purpose or intent. This person must know their actions could lead to harm. Unlike negligence, an intentional tort requires proof that the defendant intended to perform the harmful act. You must prove this even if the defendant did not intend to cause the specific injury that occurred.
Common examples of intentional torts include:
- Battery: Purposely hitting or striking someone.
- Assault: Threatening harm, causing fear of imminent injury.
- False imprisonment: Restricting someone’s movement without legal authority.
- Trespass: Entering someone’s property without permission.
An intentional tort claim involves showing that the defendant acted deliberately and that these actions resulted in harm. Much like a negligence claim, the defendant will be responsible for paying for the damages they cause. You can hold the wrongdoer accountable by filing a personal injury lawsuit to recover compensation.
Key Differences Between Negligence and Intentional Torts
The fundamental difference between intentional torts and negligence lies in the defendant’s intent. With intentional torts, there’s an intention behind the harmful act itself. This intent exists even if the specific consequences were not foreseen. With negligence, the injury is a result of carelessness rather than deliberate actions.
For instance, if someone throws a rock intending to hit another person, that’s an intentional tort. However, if someone throws a rock without looking and accidentally hits someone, that could be considered negligence. In both cases, a rock is thrown. However, the intent of the defendant matters in determining whether you are dealing with a negligence claim or an intentional tort claim.
Consequences of Intentional Acts
When examining intentional torts, Texas courts often consider that people intend the natural consequences of their actions. This means that if someone strikes another person, it’s presumed that they intended to cause some harm. This is true even if they didn’t anticipate the severity of the injury.
Similarly, if someone unlawfully takes your car, it’s presumed they intended to deprive you of your vehicle. This is true even if they claim they didn’t want you to suffer financial loss. In such cases, the law holds them accountable for the foreseeable consequences of their intentional actions.
Joint and Several Liability in Texas
In Texas, the doctrine of joint and several liability can come into play in cases involving multiple defendants. In negligence cases, defendants are generally only responsible for their portion of damages. However, when dealing with intentional torts, each defendant may be held liable for the full extent of the harm, regardless of their individual share.
Consider an example where two people intentionally harm another person. Both defendants may be held responsible for all damages. Under Texas law, they can later seek contribution from each other. However, for the victim, each defendant is jointly and severally liable.
Intentional Torts vs. Crimes
Many intentional torts also fall under criminal law. Assault, battery, or theft can also be charged as crimes in Texas. However, the procedures and standards in civil and criminal cases differ. In criminal cases, a prosecutor must prove the defendant’s guilt “beyond a reasonable doubt.” In civil cases, like personal injury claims, the standard is lower. In personal injury cases, you need to prove the defendant’s conduct by a “preponderance of the evidence.”
Civil claims often allow for a broader range of damages than criminal cases. A personal injury lawsuit may provide compensation for medical bills, lost wages, and pain and suffering. These damages might not be covered in a criminal case.
Schedule a Consultation with a Personal Injury Lawyer at Stephens Law Firm, PLLC
If you’ve been injured in Texas, whether due to negligence or an intentional tort, Stephens Law Firm, PLLC can help. Our experienced Texas personal injury lawyers can evaluate your case and explain the best legal approach. We aim to secure the maximum compensation available to you under the law. Contact us today for a free consultation to discuss your options. Contact our Fort Worth and Weatherford personal injury lawyers at Stephens Law Personal Injury | Wrongful Death | Truck Accidents to schedule a free consultation.
Stephens Law Personal Injury | Wrongful Death | Truck Accidents
1300 S University Dr # 406
Fort Worth, TX 76107
(817) 420-7000
Stephens Law Personal Injury | Wrongful Death | Truck Accidents – Weatherford Office
109 York Ave Suite #201
Weatherford, TX 76086
(817) 409-7000