Overview of Intentional Torts in Tennessee
A tort is simply a wrongful action that causes injury to another. There are two broad categories of torts: negligent torts and intentional torts. As discussed elsewhere on this blog and on the Baker Associates website, negligence occurs when a person’s conduct falls short of what a reasonable person would do to protect another individual from foreseeable risks of harm. An intentional tort, on the other hand, occurs when a person intentionally desires to cause a personal injury or acts with substantial certainty that a personal injury in Tennessee will occur as a result of the person’s conduct.
Broadly speaking, the plaintiff must prove four things in order to establish liability based on an intentional tort theory:
- Intentional conduct,
- Unlawful action,
- Causation, and
- Harmful or offensive contact.
There are several types of intentional torts. Each one will be discussed in detail in future articles posted on this blog. They are:
- Assault,
- Battery,
- Defamation (slander and libel),
- False imprisonment,
- Privacy torts, and
- Intentional infliction of emotion distress (IIED).
One who suffers a personal injury as a result of intentional misconduct may seek recovery for damages, including awards for harm to the plaintiff, psychological injuries, and harm to reputation. Intentional torts can also give rise to punitive damages, which multiplies the total recovery for any actual damages awarded.
If you have been injured as a result of someone’s intentional or willful actions, know that he or she is responsible for foreseen and unforeseen consequences. Call the Sevierville personal injury attorneys in at Baker Associates or visit the Baker Associates personal injury website for more information on how you can proceed against someone who has intentionally harmed you, a loved one, or someone you know.
