What Is An Intentional Tort?
Intentional tort cases are civil personal injury claims which focus on deliberate acts to harm a victim. Examples of intentional tort cases may include those involving sexual assault, battery, workplace injuries, and motor vehicle accidents. Liability in an intentional tort case will primarily fall on the perpetrator, in most cases. However, it is possible that a third party can share fault.
Intentional Harm vs. Negligence
Although intentional tort cases often focus on a defendant’s purposeful actions, third-party liability commonly relates to negligence. It is possible that a third party could also participate in intentional malice, but it is more common for a third-party case to focus on claims of negligence. A victim may need to file a separate claim if a third party shares fault — one related to the perpetrator’s intentionally harmful actions, and one related to the third party’s negligence.
In these instances, the third-party claim would resemble a typical personal injury case rather than an intentional tort claim. In many cases, third-party liability in an intentional tort case relates to a person or entity’s failure to provide adequate security. There are other instances of negligence that can allow a perpetrator to commit harm and endanger victims.
A third party may be identified as negligent in an intentional tort case because of:
- Failure to provide security and protect the victim
- Failure to provide proper safety equipment
- Failure to investigate an incident
- Negligent hiring and supervision
Third Parties That May Share Liability in an Intentional Tort Case
There are many different third parties who could be liable in an intentional tort case. Often, the at-fault parties are people or entities which have a responsibility to keep the victim safe, such as an employer or another authoritative figure.
The following entities may share fault in an intentional tort case:
- Nursing homes
- Apartment complexes
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