Intentional torts involve conduct where a person acts on purpose and causes harm to another. These cases are different from negligence claims because the focus is not on carelessness. Instead, the issue is whether the person intended the act that led to the injury.

Understanding these categories can help explain when someone may be legally responsible for deliberate conduct and how those claims are handled in Metairie, LA.

What Makes a Tort “Intentional”?

An intentional tort occurs when a person acts with the intent to engage in the conduct or with knowledge that the result is substantially certain to occur. The intent applies to the action itself, not always the exact outcome.

For example, if someone swings a fist intending to hit another person, that can qualify as an intentional act, even if the resulting injury is more serious than expected.

Common elements of intentional torts include:

  • A deliberate act
  • Intent or knowledge that the result is substantially certain to occur
  • A direct connection between the act and the injury

These elements distinguish intentional torts from accidents caused by inattention or mistakes.

Battery

Battery is one of the most recognized intentional torts. It involves harmful or offensive physical contact without consent, where the contact is intentional.

Battery may include:

  • Hitting, striking, or pushing another person
  • Throwing an object that makes contact
  • Unwanted physical contact that a reasonable person would find offensive

The contact does not have to cause serious injury. The lack of consent is what makes the act actionable.

Assault

Assault is closely related to battery but does not require physical contact. It involves placing someone in reasonable apprehension of immediate harmful or offensive contact. 

Examples of assault may include:

  • Raising a fist and threatening to strike someone
  • Moving aggressively toward a person in a way that suggests imminent harm
  • Pointing an object in a threatening manner

The key issue is whether the person reasonably believed they were about to be harmed.

False Imprisonment

False imprisonment occurs when a person is intentionally confined or restrained without legal authority or consent. The person must be aware of the confinement or harmed by it.

This can happen in situations such as:

  • Blocking exits and preventing someone from leaving
  • Locking someone in a room or vehicle
  • Detaining someone without a valid legal reason

The confinement does not have to last long. Any unlawful restriction of movement may qualify.

Intentional Infliction of Emotional Distress

Intentional infliction of emotional distress involves extreme and outrageous conduct intended to cause, or done with reckless disregard of causing, severe emotional harm.

This type of claim may arise from behavior such as:

  • Repeated threats or harassment
  • Public humiliation or degrading conduct
  • Conduct intended to cause serious emotional suffering

The conduct must go beyond ordinary insults or disagreements. Courts generally require proof that the behavior was extreme and caused significant distress.

Trespass To Land

Trespass to land occurs when someone intentionally enters or remains on another person’s property without permission.

Examples include:

  • Entering private property without authorization
  • Refusing to leave after being asked
  • Placing objects or structures on another person’s land

The person does not need to cause damage to be liable. The unauthorized entry itself is enough.

Trespass To Chattels

Trespass to chattels involves interfering with another person’s personal property. The interference must be intentional and cause harm, dispossession, or loss of use.

Examples may include:

  • Using someone else’s property without permission
  • Damaging personal items
  • Interfering with the possession of property for a period of time

This type of claim applies when the property is affected but not completely taken.

Conversion

Conversion is a more serious form of property interference. It occurs when someone exercises control over another person’s property in a way that effectively deprives the owner of it.

Examples include:

  • Taking and keeping someone else’s property
  • Selling or destroying another person’s belongings
  • Refusing to return property after a demand

Conversion is often treated similarly to theft in civil cases, even though it is not a criminal charge.

Defenses To Intentional Torts

Even when conduct appears intentional, certain defenses may apply depending on the situation.

Common defenses include:

  • Consent to the conduct
  • Self-defense or defense of others
  • Defense of property
  • Legal authority or privilege

These defenses can limit or eliminate liability if properly established.

How Intentional Torts Affect Personal Injury Claims

Intentional torts can overlap with personal injury law when a person is physically or emotionally harmed by deliberate conduct. These claims may involve different legal strategies than standard negligence cases.

In some situations, intentional conduct can also affect insurance coverage, since some policies limit or exclude coverage for intentional acts.

Contact Law Office of John W. Redmann, L.L.C. To Schedule a Free Consultation With a Metairie Personal Injury Attorney

Common types of intentional torts include battery, assault, false imprisonment, emotional distress, trespass, and conversion. These claims focus on deliberate actions rather than accidents. Identifying whether conduct was intentional can affect liability, available defenses, and how a claim is handled.

If you were injured in an accident in Metairie or Gretna, Louisiana, and need legal help, contact our personal injury attorneys at The Law Office of John W. Redmann, LLC, to schedule a free case review today.

We serve Jefferson Parish County and Louisiana’s surrounding Areas

The Law Office of John W. Redmann, LLC – Metairie, LA Office
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