Unintentional Torts and Intentional Torts: What’s the Difference?
What are Unintentional Torts? In the simplest terms, a tort is a wrong, a civil breach of one’s legal duty that causes injury or harm to another. There is only one exception. A tort cannot arise from a breach of contract or similar agreement. A person guilty of an intentional tort commits a wrong to deliberately cause harm or injury. Conversely, the actions of a person guilty of an unintentional tort are those that were done inadvertently and without ill intent. In most cases, an unintentional tort is the result of a negligent act. Both types of torts are litigated in civil proceedings and for monetary damages.
Assault and battery, false imprisonment, intentional infliction of emotional distress, and unfair competition are but a handful of examples of intentional torts. In each case, the offender intended to cause harm. The awards for damages for intentional torts tend to be more generous than those for unintentional torts.
What Are Unintentional Torts?
Most unintentional torts are negligent acts, and the most common personal injury lawsuits are based on claims of negligence.
In order for a claim to constitute negligence, it must meet certain basic requirements. The first is that the defendant had an obligation to a certain duty of care in her interactions with the plaintiff. Second is that the defendant breached that care. The third is that the defendant caused the plaintiff loss. The plaintiff must also demonstrate that the defendant should have reasonably forseen that her actions would have caused harm and that the harm caused a real and compensable injury.
When you contact the Houston personal injury lawyers at Nguyen & Chen about a negligence lawsuit, we’ll determine if your case meets those all-important criteria, and we’ll fight for you to get full restitution.
Common Unintentional Torts
Criminal complaints require that the plaintiff prove the defendant is guilty beyond a reasonable doubt. Under tort law, however, a plaintiff must prove a preponderance of the evidence. This lower standard means the plaintiff must persuade the court that there is a better than 50 percent chance that the claims he makes are true. No matter what the individual details of your case may involve, having the experienced Houston personal injury lawyers from Nguyen & Chen make the needed persuasive arguments on your behalf can make a huge difference in court.
Motor Vehicle Accidents
It is not uncommon for accidents to happen when drivers make improper turns or follow the vehicle ahead of them too closely. Distracted driving can also lead to accidents. Additionally, under dram shop laws, an establishment that overserves alcohol to a person who later gets in an alcohol-related accident may also be sued for negligence. A vehicle repair shop that does a shoddy job installing a set of brakes may be found negligent if the new brakes fail and cause an accident.
Slip and Fall
We’ve all seen those yellow, cautionary “wet floor” signs in businesses indicating that something has recently been mopped up. Business owners provide these signs to give their customers reasonable warning that the floor may still be wet and slippery. While putting up a sign is the responsible thing to do, it may not completely absolve a business of liability. Having experienced, Houston personal injury lawyers from Nguyen & Chen in your corner can make a difference in your civil case.
Botched medical procedures or failure to provide a timely diagnosis that result in harm or even death to a patient are only two examples of common medical malpractice lawsuits. Malpractice claims can be challenging and can run up against the statute of limitations. Our Houston personal injury lawyers can guide and advise you on the best course of action.
Houston Personal Injury Lawyers and Legal Advice
Not every case is black and white. That’s why it’s important to have knowledgeable and experienced Houston personal injury lawyers from Nguyen & Chen in your corner. If you believe you have a negligence claim, contact Nguyen & Chen for a consultation. We’ll provide you with the sound legal advice and solid representation you deserve.