Wrongful acts fall into two very broad categories within the American legal system.
There are crimes that when broken are prosecuted by the government because
they are acts against the state as well as the victim.
Then there are torts. Torts are civil wrongs for which the law provides
a remedy. They derive from English common law and through time developed
within the American legal system. Many torts have been codified. There
is another subdivision within torts; intentional versus unintentional
torts. Negligence is an example of an unintentional tort.
Experience Newburgh personal injury attorneys know that intentional torts are much different and these wrongful acts
are rightfully in a category of their own. The difference is that intentional
torts do not happen by accident or out of a neglect to do or not do something.
The offending actor consciously chooses to make an affirmative action.
Battery is an
intentional tort. It is defined as being intentional physical contact with the body of
another and that contact is offensive and or harmful with injury resulting
there from. The victim must not have consented to the physical contact,
and the offending party must not otherwise have a privilege to make said
contact. Let’s consider the tort of battery by way of example.
John pushed Paul and Paul tripped on a stone that was lying on the ground
behind him. Paul fell to the ground, suffers a concussion, various scrapes
and bruises, and wonders why John would even do such a thing. John rushes
to help Paul, saying, “I did not intend for you to fall and get
Paul here has been the victim of a battery. John intentionally pushed Paul
and an injury occurred. It does not matter that John did not intend for
Paul to fall and get hurt. The intent requirement applies to the perpetrators
actions and not to the end result.
Here are examples of other
common intentional torts:
- Assault: This is an attempted battery. It is the intent to create fear
or apprehension of harmful physical contact against another person. Note,
however, that the victim need not actually be scared or afraid. He or
she just needs to perceive the threat, and that perception must be reasonable.
A phone call threatening to harm someone might not be enough.
- Fraud: This is a bit more complicated than the above. Fraud is a false
statement of material fact, made with known falsity, with the intent being
to mislead the victim. The victim must have relied on the falsity and
- Trespass: This is the entry upon or use of the property of another without
consent from the owner, privilege, or the existence of an emergency.
Our personal injury attorneys at
Mainetti, Mainetti, and O’Connor, P.C. have over 100 years of combined experience working with victims of personal
injury accidents throughout New York. We understand how to effectively
represent clients who have been injured in serious car accidents, particularly
throughout the Mid-Hudson Valley region in Kingston, Poughkeepsie, and
Newburgh where we have offices. Hear
what our clients are saying about us here and learn about just some of our
successful results here. If you or a loved one has been injured in a personal injury accident,
please do not hesitate to contact us by calling 845-340-HURT (4878) or
toll free at 866-440-4452, or by using the
convenient contact form here.