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Intentional Torts

Intentional torts make up one category of torts. They describe a civil wrong that is the result of an intentional act on the part of the tortfeasor, or the person who commits the tort. They are a separate class from negligence torts. Negligence torts are torts that are the result of someone's failure to take sufficient care in fulfilling a duty owed.

Not every action that is done intentionally qualifies as an intentional tort. An investor who holds a majority share in a corporation's stock might vote on a change that the other stockholders find detrimental. If the stockholders suffer damages as a result, this is not a tort. The powerful investor had a right to vote for whatever he wanted. The other stockholders cannot sue the investor for damages as he had a right to do what he did.

On the other hand, if an individual physically attacks a passerby in the street, he has committed an intentional tort. If the individual suffers damages or incurs medical bills, the tortfeasor is liable for the costs and is guilty of battery.

To find a defendant liable for an intentional tort, the plaintiff must be able to prove that the defendant performed the action leading to the damages the plaintiff alleges. It also must be shown that the defendant could have seen some harm coming to the plaintiff as a result of the actions taken. It is not necessary for the defendant to see all of the possible damages that result from his or her action, just that some damages could be possible.

During the 19th century, a hemophiliac child was kicked by another child and was severely disabled as a result. While the kicking child could not have seen that the kick would cause severe disability, it's not hard to see how kicking someone could cause discomfort. The child was found liable.

Contact a Chicago Personal Injury Lawyer

For more information on intentional torts and other personal injury topics, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200 today.

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