Negligence and Intentional Tort Law

Law And Order Criminal Intent Cancelled - 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 individual can seek recompense for straight through the legal system.

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Law And Order Criminal Intent Cancelled

Negligent Acts

A negligent act occurs when one individual damages the someone or property of someone else 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 emergency by failing to obey the traffic laws may be determined negligent and would be responsible for any damages caused to any someone or property.

In order to prevail in a negligence action, the injured party needs to prove that the other party had a duty of inexpensive care, did not declare inexpensive care, and that the failure to declare such inexpensive care resulted in injuries to the aggrieved party.  For example, referring to the auto emergency mentioned above, all drivers have the duty to control 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 curative professional or institution.

Intentional Actions or Torts

An intentional tort occurs when an individual intentionally acts to injure someone else or their property.  In most cases, is does not matter whether 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 inexpensive someone knew or should have known would have led to an injury to a someone 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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