How Intentional Torts Can Sometimes Apply to Your Workplace in the United States

In ordinary cases of workplace negligence, it is not uncommon for somebody to bring a tort claim against another party who caused an accident. Even if the party didn’t intentionally try to cause the accident, a tort claim can still be brought because, in many cases, the employer or third party was not acting within their duty of care, and the accident could have been prevented. But what happens in cases where a defendant acted so maliciously that it is obvious they intended for harm to occur? These cases are known as intentional tort cases and are very different from others you may have experienced. Today, we will look at what constitutes a deliberate workplace accident and what you can do if you face intentional torts in your job.

Intentional torts differ significantly from negligent torts or strict liability torts. While a negligent tort involves careless behavior leading to harm, and a strict liability tort holds parties liable regardless of intent—such as in certain product liability cases—intentional torts require proof of deliberate actions. Common intentional torts that might apply in the workplace include assault, battery, false imprisonment, defamation, and intentional infliction of emotional distress. For instance, assault involves creating a fear of imminent harm, while false imprisonment restricts someone’s freedom of movement unlawfully. Defamation could occur through a false statement damaging one’s reputation, and intentional infliction of emotional distress arises from extreme and outrageous conduct causing severe emotional harm.

Elements of an Intentional Tort Claim

It is essential to understand what makes up an intentional tort case, as these cases differ significantly from workplace negligence cases. Instead of workers’ comp, you may be able to bring another lawsuit for extra damages in an intentional tort case, depending on the circumstances. Here are some of the elements that must be in place for an intentional tort claim:

• Intent: The person who committed the intentional act against you and caused your injuries must have intentionally done the action that led to your accident. If they did not intend for the accident to occur, then it is just a simple tort case, not an intentional tort.
• Acting: Thinking about planning an intentional act against another person is not enough. They must have planned it and followed through on it intentionally.
• Actual Cause: The victim must show that their injuries resulted solely from the intentional tort, establishing that the defendant’s deliberate wrongdoing was the direct cause.

An example of an intentional tort is an employer telling an employee to take a shortcut with a piece of equipment. As a result, the employee suffers adverse injuries, such as bodily harm or even a brain injury. In the end, the employer admits that they were trying to save money and did not adequately equip their employees. Because they acted with outright and intentional negligence, you may be able to file an intentional tort claim. This is what makes intentional torts different from negligence: an employer acted deliberately, knew that harm could be caused, and chose to do it anyway, resulting in intentional harm.

Common intentional torts in the workplace might also include scenarios such as construction accidents in which a supervisor intentionally ignores safety protocols, resulting in wrongful death or serious injury. Or in cases of premises liability, where property owners engage in intentional misrepresentation about hazards on the property, causing economic damages or personal property loss.

An example of this in action is a case in Washington State, where the Supreme Court allowed a civil claim for an intentional tort to go to a jury. 14 employees demonstrated that the company ignored their concerns about exposure to hazardous chemicals because it didn’t want to pay for proper ventilation. As a result, workers became disabled due to serious illnesses and were able to bring claims for compensation owed to them, highlighting how tort law addresses such issues.

If an employer willfully acknowledged their own negligence and allowed employees to be injured or fall ill, they could be held liable under tort law. The injured party, as the plaintiff, can seek compensatory damages to cover losses, punitive damages to punish the wrongdoer, and economic damages for financial impacts. In the United States, plaintiffs in intentional tort cases often pursue these remedies through a civil lawsuit.

The plaintiff must prove the elements of the intentional tort to succeed. For the plaintiff, gathering evidence of the defendant’s intent is crucial. Without it, the case might fall under a negligent tort instead. Plaintiffs facing false imprisonment, for example, need to demonstrate confinement without consent. Similarly, in assault cases, the plaintiff shows apprehension of imminent harm. For defamation, the plaintiff proves that the false statement caused reputational harm. In intentional infliction of emotional distress, the plaintiff establishes outrageous conduct leading to severe emotional distress.

Workplace accidents involving intentional torts can have severe legal consequences for the perpetrator. If you believe that you are a victim of an intentional tort, such as assault leading to bodily harm or false imprisonment causing emotional distress, you can talk to us at the Accident Law Group as soon as possible. Our team can help evaluate if your situation qualifies as an intentional tort case, distinguishing it from a strict liability tort or standard tort claim. Call us today at 602-333-3333.

Recent Posts

• Understanding Negligent Tort vs. Intentional Tort in Workplace Settings
• How Punitive Damages Apply in Intentional Tort Claims

Related Posts

• Common Intentional Torts: Assault, Defamation, and More
• Filing a Tort Claim for Emotional Distress in the Workplace

Sources

https://www.lawinfo.com/resources/personal-injury/

https://www.law.cornell.edu/wex/intentional_tort

https://legaldictionary.net/intentional-tort/

https://law.justia.com/cases/washington/supreme-court/1995/62530-1-1.html