In the state of Florida, intentional tort charges can mean some pretty hefty consequences.
From jail time and fines to expensive court dates and long probationary periods, the consequences of successful prosecution of intentional torts can be devastating.
Even though intentional tort charges are serious, there are some important things to know when mounting a case, especially if the intent of the individual charged was not to inflict harm.
What Are Intentional Torts?
An intentional tort refers to an action that a person makes intentionally that results in harm to someone else.
It’s important to note that the person may not have intended to cause harm, but if they willfully made a choice to do something that ultimately hurt someone in some way, they can be charged with an intentional tort.
This means that negligence on the job or even a prank can turn into a criminal charge if it means that someone is hurt as a result of that intentional choice.
What Are the Intentional Torts Recognized by Florida?
Every state is different when it comes to defining intentional tort according to law. Most include variations of the same six to eight actions. In Florida, the intentional torts recognized by the courts include the following:
- Purposeful infliction of emotional distress
- False imprisonment
- Trespass on land
- Interference with someone’s personal property (called trespass to chattels and conversion)
What Are Intentional Tort Elements?
Just like the definition of intentional tort, the elements required by any court in order to prove an intentional tort may vary according to the type of court and the situation.
In most cases, the elements a plaintiff must prove will include:
- That the person did indeed complete the action that caused harm.
- The intent behind the action.
- The motivation or cause for the choice to engage in the action or that recklessness was at play.
- The harm caused by that action.
Help With Intentional Tort Charges
A healthcare business or healthcare professional may be the target of an intentional tort investigation, and if that is the case, Florida State Healthcare Law Firm can help.
Call now for more information about available assistance.