Search Results - United States tort law

Intentional torts include those actions that are intentional and voluntary and that are made with knowledge by the tortfeasor (in other words, the person who committed the tort) upon the plaintiff (the one who brings the complaint seeking relief). Intentional torts include battery, assault (apprehension of harmful or offensive contact), false imprisonment, intentional infliction of emotional distress (IIED), invasion of privacy, fraud, defamation of character (includes libel, which is written defamation of character and slander, which is non-written defamation of character), malicious prosecution, abuse of process, the real property tort of trespass to land, and the personal property torts of conversion and trespass to chattels.

Amongst unintentional torts one finds negligence as being the most common source of common law, most Americans are under the impression that most people can sue for any type of negligence, but it is untrue in most American courts (partly because negligence is one of the few torts for which ordinary people can and do obtain liability insurance.) It is a form of extracontractual liability that is based upon a failure to comply with the duty of care of a reasonable person, which failure is the actual cause and proximate cause of damages. That is, but for the tortfeasor's act or omission, the damages to the plaintiff would not have been incurred, and the damages were a reasonably foreseeable consequence of the tortious conduct.

Some jurisdictions recognize one or more designations less than actual intentional wrongdoing, but more egregious than mere negligence, such as "wanton", “reckless” or “despicable" conduct. A finding in those states that a defendant's conduct was "wanton," “reckless” or “despicable”, rather than merely negligent, can be significant because certain defenses, such as contributory negligence, are often unavailable when such conduct is the cause of the damages.