If you’ve been hurt because of someone else’s actions in Las Vegas, understanding the types of torts and whether your injury resulted from an intentional tort or negligence matters. It affects how your case will proceed and what compensation you might receive. Let’s break down the elements of intentional torts and negligence so you can better understand your situation and know when it’s time to call a personal injury attorney.
What Is an Intentional Tort?
The definition of an intentional tort is when someone deliberately acts in a way that causes harm to another person. Unlike accidents, intentional torts are done on purpose, even if the specific injury wasn’t what the person intended. It’s also referred to as having “tortious intent,” and under tort law, you have the right to seek compensation for your injuries through a personal injury claim.
Types of Intentional Torts
There are several different types of intentional torts, each addressing different ways people can intentionally cause harm to others. Here’s a list of intentional torts that Las Vegas attorneys often see.
- Assault: When someone makes you reasonably fear immediate harmful contact. For example, if someone raises their fist at you in a threatening manner.
- Battery: Actual harmful or offensive physical contact, like someone shoving you on the Strip or hitting you in a nightclub.
- False imprisonment: Restricting someone’s freedom of movement without consent or legal authority. This might happen if a negligent security team detains you without reasonable cause.
- Intentional infliction of emotional distress: Extreme and outrageous conduct that causes severe emotional trauma and pain and suffering.
- Defamation: Making false statements that damage someone’s reputation. It’s called slander if spoken and libel if written.
- Invasion of privacy: Intruding on someone’s private affairs or using their likeness without permission.
Examples of Intentional Torts
Looking at real-world examples helps clarify when an injury might result from an intentional tort. These situations show how deliberate actions can lead to valid personal injury claims. Intentional torts in healthcare might include a doctor performing a procedure you didn’t consent to or a healthcare worker physically restraining a patient unnecessarily. Other examples include:
- A bouncer at a Las Vegas club using excessive force while removing a patron.
- A hotel guest deliberately pushing someone into a swimming pool.
- Someone posting false, harmful information about your business online.
- A neighbor trespassing on your property and causing damage.
- A person at a casino deliberately tripping you as you walk by.
What Is Negligence?
Negligence occurs when someone fails the reasonable person test, resulting in harm to another person. When someone acts carelessly and you get hurt as a result, you may have grounds for a negligence claim to recover damages for your medical bills, lost wages, and pain and suffering. Most personal injury claims in Las Vegas are based on negligence rather than intentional torts.
Types of Negligence
Negligence can take different forms depending on the circumstances. Understanding these variations helps clarify the specific type of claim you might have.
- Ordinary negligence: When someone fails to use the care that a reasonable person would use in similar circumstances.
- Gross negligence: An extreme departure from the standard of care, showing reckless disregard for others’ safety.
- Comparative negligence: When both parties share some fault for the injury. Nevada follows a comparative negligence rule, meaning you can still recover damages if you’re less than 51% responsible.
- Vicarious negligence: When someone is responsible for another person’s negligence, such as an employer being liable for an employee’s actions.
- Negligence per se: When someone violates a safety law that was meant to prevent the type of injury that occurred.
Examples of Negligence
Real-world examples make it easier to recognize negligence when it happens. Here are some common scenarios where negligence leads to injuries:
- Car accident claims might arise from a driver texting while driving on the Las Vegas Strip, running a red light, failing to yield the right of way, or driving under the influence after leaving a casino.
- Medical malpractice negligence could involve a doctor misdiagnosing a serious condition, a surgeon leaving a medical instrument inside a patient, a pharmacist providing the wrong prescription, or failure to properly monitor a patient after surgery.
- Slip and fall examples include a hotel failing to clean up a spill in the lobby, a restaurant not fixing a broken step, a casino that is liable for not placing warning signs near freshly mopped floors, or a store allowing merchandise to block walkways.
- Motorcycle accidents could be caused by negligent behavior like a driver changing lanes without checking blind spots, a car opening a door into a motorcycle’s path, a hotel valet pulling out without looking for motorcycles, or poor road maintenance.
Key Differences Between Intentional Torts and Negligence
Understanding the differences between intentional torts and negligence helps you know what to expect from your case:
- Intent: The biggest difference is that intentional torts require deliberate action, while negligence involves carelessness or recklessness.
- Insurance coverage: Many insurance policies don’t cover intentional acts, which can affect your ability to collect compensation.
- Burden of proof: For intentional torts, you must prove the person meant to commit the act. For negligence, you need to show they failed to use reasonable care.
- Damages: Punitive damages are more commonly awarded in intentional tort cases to punish the wrongdoer.
- Criminal charges: Intentional torts often overlap with criminal charges (like assault or battery), while negligence cases typically remain civil matters.
Get Legal Help With Intentional Torts and Negligence Claims
Whether you’ve been injured through someone’s deliberate actions or carelessness, you don’t have to figure everything out alone. The Blackburn Wirth Injury Team can help you understand the difference between intentional torts and negligence and determine who’s responsible for your injuries and how to get the compensation you deserve. Contact us today for a free case evaluation to learn how we can help you move forward and get your life back on track.
