The Top Defenses to Intentional Torts
If you’re searching for defenses to intentional torts, then here are the top ones to keep in mind.
Read on now.
Introduction
One of the great things about our law in the United States is that it allows us all the opportunity to defend ourselves. No matter what someone is being accused of, in a court of law, they have the right to stand up and tell their side of the story – to defend themselves against the accusations.
And sometimes, it just doesn’t seem fair. For instance, when you commit an act in self-defense – and then get sued for personal injury. The good news is that there are defenses you can use to protect your rights and prove your case.
What Are Intentional Torts?
An intentional tort is a harm that one person commits against another – and it is done on purpose rather than by negligence, such as an accident or slip and fall. When a lawsuit is filed against someone regarding an intentional tort action, it alleges that the defendant harmed the plaintiff by committing an act, such as an assault, battery, false imprisonment, conversions, intentional infliction of emotional distress, fraud or deceit, trespass, or even defamation.
These personal injury suits are civil in nature, rather than criminal wrongdoings – and they warrant legal representation.
Defenses to Intentional Torts
If you have been accused of an intentional tort, there are a couple of defenses you can use to fight the charge. These are:
- Self-Defense
- Defense of Property
- Consent
- Necessity
Let’s take a closer look at how each of these defenses works.
Self-Defense
If you are being hurt, attacked, or harmed in some way by another person, the chances of you sitting there and taking it are pretty slim. You are going to fight back, right? You are going to react in self-defense as a way of protecting yourself from getting injured.
The self-defense defense is often used in cases of assault and battery. According to California law, in order for this defense to stand, you will have to be able to prove that there was:
- A reasonable belief that you felt you were in imminent danger of being killed, injured, or touched unlawfully.
- A reasonable belief that the use of force was necessary to prevent the above from happening.
- Unnecessary excessive force was not used – only enough to protect one’s self.
In the case of self-defense, the presence of a real and imminent danger must be established and the courts must determine whether your self-defense reaction is what any other reasonable person would have done in a similar situation. Finally, did you defend yourself in a proportionate way? If someone was trying to fight you with their fist and you ran them over with your car, this isn’t proportionate.
Defense of Property
Another defense that can be used in an intentional tort lawsuit is the defense of property. This one is often used in response to a burglary or theft of property. The amount of force was enough to protect the property – without turning deadly. Unless there was a greater threat to the individuals and others on the property.
Unlike the self-defense defense, a reasonable belief that someone was about to steal property, for instance, is not enough to take action. You need to be able to prove that the individual was getting ready to cause damage to the property – or getting ready to take it. And also that there were no other non-violent steps that could have been taken.
Consent
Consent is a defense that can get a little cloudy. It basically states that the defendant was given the green light by the plaintiff to commit the intentional tort. Though, proving this is not so easy. After all, the person you are claiming gave you the ok to do harm is the one who is filing the personal injury case.
There are three main types of consent, including:
- Express consent: When the consent is conveyed between parties either verbally or written.
- Implied consent: When the consent is conveyed through actions.
- Assumed consent: When the consent was conveyed in the past so it is assumed they are consenting again.
Necessity
Necessity is another defense, most commonly used regarding trespassing on real or personal property. For example, if the defendant had to take someone’s property to prevent greater harm to the defendant or to others. To prove this defense, the defendant has to persuade the court that the damage to the property that was taken was far less than the alternative.
Defense of Others
Finally, the last defense of intentional torts is one of the most popular ones, following self-defense – it is the defense of others.
If you use force to defend another person from harm, this may be the right defense for you. Similarly to self-defense, you have to make sure you use a proportionate amount of force and you have to prove that the individual you were protecting was in imminent danger – and that the force you used is the only thing that prevented the harm from happening.
The Benefit of an Attorney
If you have been charged with an intentional tort, it is a smart idea to hire an attorney. There are many different defenses available – but, as you can tell, not all will work for every case. With an attorney, you will be able to have an expert reviewing your case and discussing all aspects of it. From there, finding the best defense – and facts to back it up.
Fighting in a court of law to prove your case – whether it be self-defense, defense of others, defense of property, consent, necessity, or something else – involves a lot. There is research, preparation, lining up witnesses and expert witnesses, and more. So although you may feel that your case is cut and dry because you know in your heart of hearts that you acted with good intentions, proving that in court is not so easy.
Take the step to find a personal injury attorney that has experience in cases like yours so that you can walk away from this court case unscathed.
Sometimes life brings us lemons when we least expect them. If you find yourself in a situation because you protected yourself, let an attorney fight for you.
Are you in search for a certified attorney to represent you?
Let us help you find one today!