If someone’s action causes you harm, this behavior will be known as tort. Someone’s deliberated hurtful act (as opposed to negligence) will be known as intentional tort. The intentional torts include – assault, battery, false imprisonment, infliction of emotional distress, conversion, fraud, trespassing, invasion of privacy and defamation. The Injury Lawyer in Ottawa knows that punishments of intentional tort cases are harsher than other personal injury cases due to the higher level of wrongdoing. The harmful acts of the defendant may allow you to persecute him/her for criminal activity. A successful litigation may present you with punitive damages along with substantial compensation.

Determining Nature of Intent

It is not enough to state that defendant intended to harm you. Your Injury Lawyer in Ottawa needs to prove that statement in the Court of Law. You need to prove that harm was certain or substantially certain to originate from defendant’s intentional act. The intention of injuring is enough to hold the defendant liable for your damages. The harmful results might have been less than substantially certain in your case. In this scenario, you can only hold the defendant liable for recklessness/negligence.

Transferred Intent

The toreador may not intend to harm you. You may end up getting injured as a second person due to his/her intentional wrongdoing. In this situation, the defendant’s intentions will be called ‘transferred’ intent. The defendant will also be liable for your damages and your Injury Lawyer in Ottawa will help you.

Intentional Torts & Vicarious Liability

The ‘vicarious liability’ only arises if a subordinate commits an intentional tort under the instruction or guidance of the authority. Your employer/superior may force you to commit an intentional tort. In this situation, your employer/superior will be liable for the damages stemming from your wrongdoing. You can only use ‘vicarious liability’ in your defense if your employer forcefully obligated you to commit the tort. In the absence of forceful command, you cannot hold your employer liable for your intentional wrongdoing.

Your child may commit an intentional tort under your guidance. You will be held liable for your child’s wrongdoing if the accident is preventable or foreseeable. The legal guidelines related to ‘vicarious liabilities’ of parents vary from state to state.

Intentional Tort Case Defenses

The most common intentional tort defenses include consent and defenses of self, property or others. You may willingly participate in defendant’s harmful acts and suffer injuries after an accident. Your consent will prevent you from suing the defendant. Even if you consent under the threats, you will not be able to sue the defendant for damages.

You may intentionally injure someone to save yourself, someone else or your property from impending attack. If your action is proportionate to the impending danger, your Injury Lawyer in Ottawa may use this fact in your defense. Only an expert attorney will be capable of defending you effectively in personal injury cases involving intentional torts. Visit Here: BLPC Law