Is Negligence an Intentional Tort?

Negligence is not considered an intentional tort. The primary reason is that with intentional torts, the tortfeasor means for the end result to occur. With negligence, it’s an accident. It’s very rare, for example, for a doctor to discharge a patient too early with the intention of making their condition worse. It’s much more common, however, that a doctor will discharge a patient at what they mistakenly think is the correct time. And then it results in an unforeseen exacerbation of their illness or injury. This is why almost all malpractice law is based on negligence.

Negligence occurs when it’s the conduct falling below the standard of care that leads to the end result. This is different than a deliberate act based on the intention to cause harm. In the case of a car accident, negligence is when an individual is speeding and isn’t able to apply their brakes quick enough and rear-ends somebody. The standard of care here refers to the ordinary care one takes to prevent causing harm to other people. In addition to breaking traffic laws, speeding does not show care taken to prevent other people. However, speeding isn’t done intentionally to cause harm.

What if someone says “I am going to speed up and intentionally ram into the back of that car?” That would be an intentional tort. This is very uncommon, but it’s not unheard of. So, consulting with an attorney can help you determine the specifics of your situation and decide on the best way to proceed.

Have you been injured in an accident in any way? We are here to help you. And that begins with finding the truth. We know what to investigate, who to talk to to get the facts and ultimately get you the compensation you deserve for your injuries. Give us a call at Simpson Law Group.