Negligence and Intentional Tort Law

Law And Order - Negligence and Intentional Tort Law

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In general, personal injury law can be separated in to two categories: negligent acts or intentional acts.  They may also be referred to as "torts" an old english term meaning "legal cause of action" for which an personel can seek compensation for straight through the legal system.

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Negligent Acts

A negligent act occurs when one personel damages the person or property of an additional one without any "intent" to injure.  This may occur due to the carelessness of the first individual.  For example, a driver who is careless, and causes an auto urgency by failing to obey the traffic laws may be determined negligent and would be responsible for any damages caused to any person or property.

In order to prevail in a negligence action, the injured party needs to prove that the other party had a duty of cheap care, did not speak cheap care, and that the failure to speak such cheap care resulted in injuries to the aggrieved party.  For example, referring to the auto urgency mentioned above, all drivers have the duty to operate their vehicle safely.  If they fail to do so, and this failure injures any other person, or Their property, then they would meet all of the criteria to be held negligent and therefore accountable for and damages caused to the injured party.

The majority of negligent actions comprise slip and fall situations, motor vehicle accidents, products liability cases, and injuries resulting from the malpractice of a healing pro or institution.

Intentional Actions or Torts

An intentional tort occurs when an personel intentionally acts to injure an additional one or their property.  In most cases, is does not matter either the party intended that an injury occur, only that he or she intended to commit the act which led to the injury.  In some states an intentional tort may also be defined as an act which a cheap person knew or should have known would have led to an injury to a person or property.

Intentional torts comprise such acts as, kidnapping, assault, and spousal abuse.  In fact many intentional tort actions are brought as the corollary of the commission of a criminal act.

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