Most personal injury claims in Nevada are based on negligence, but not all injuries happen because of carelessness. Some injuries occur because someone acted deliberately to cause harm. In civil law, these cases fall under the category of intentional torts.
Intentional tort cases can be incredibly traumatic. Unlike accidents, intentional torts often leave victims with both physical injuries and emotional scars—victims know someone deliberately caused their harm.
This article will explain the difference between negligence and intentional torts, outline the most common types, describe how to prove them, and discuss how a Las Vegas injury attorney can help you pursue justice.
Negligence vs. Intentional Torts
Understanding the distinction between negligence and intentional tort is the first step.
In negligence cases, the wrongdoer did not intend to cause harm and failed to act with reasonable care. In intentional tort cases, the wrongdoer acts deliberately. They either intend the harmful result or know it is substantially certain to occur. For example, a driver who deliberately rams another car during a fit of road rage has committed an intentional tort.
This distinction is important because intentional torts often involve not only civil liability but also potential criminal charges. From a civil standpoint, victims of intentional torts may be entitled to damages that exceed those typically awarded in negligence cases. These damages are known as punitive damages, which are intended to punish egregious conduct.
Common Types of Intentional Torts in Nevada
Intentional torts take many forms. Below are some of the most common types recognized under Nevada law, along with real-world examples:
Assault
Assault occurs when someone intentionally acts in a way that creates a reasonable apprehension of imminent harmful or offensive contact. Importantly, physical contact is not necessary—only the threat of immediate harm.
For example, a person raises their fist and threatens to punch you in a bar. This might lead you to believe that an attack is about to occur. Even if they don’t follow through, that threat can constitute a civil assault.
Battery
Battery goes one step further than assault. It occurs when someone intentionally makes harmful or offensive physical contact with another person without consent. For example, if that same person actually throws the punch and hits you, that’s battery. Battery can also include unwanted sexual touching or even spitting on someone, if that contact is considered offensive.
False Imprisonment
False imprisonment occurs when someone intentionally confines another person without legal authority or consent. The confinement does not have to involve physical barriers. Threats of force or other coercion can also qualify.
For example, a store employee wrongfully detains a shopper in a back room for hours on suspicion of theft, without calling the police or allowing the shopper to leave.
Intentional Infliction of Emotional Distress (IIED)
This tort occurs when someone engages in extreme and outrageous conduct with the intent to cause severe emotional distress. For example, a debt collector threatens a consumer with violence and publicly humiliates them, causing the victim to suffer severe anxiety and depression.
Trespass to Land
Trespass occurs when someone intentionally enters or remains on another person’s property without permission. Even minimal interferences can qualify. For example, a neighbor deliberately drives onto your lawn despite being asked not to. If damage occurs, such as ruts in the grass or broken fencing, the trespasser may be held liable for the resulting costs.
Trespass to Chattels and Conversion
Both trespass to chattels and conversion involve intentional interference with someone’s personal property.
Trespass to chattels involves temporary interference, such as taking someone’s laptop without permission, but later returning it. Conversion is a more serious interference that effectively deprives the owner of their property. Theft of a vehicle or selling another person’s jewelry would constitute conversion.
Defamation
Defamation involves making a false statement that harms another person’s reputation. There are two forms: libel, which is written or published defamation (such as in newspapers or online), and slander, which is spoken defamation.
Fraud
Fraud occurs when someone intentionally misrepresents or conceals a material fact with the intent to deceive and cause harm. For example, a contractor knowingly uses substandard materials while charging you for premium supplies. This fraudulently misrepresents the work completed.
Proving Intentional Torts in a Civil Lawsuit
To succeed in an intentional tort claim in Nevada, the plaintiff must prove certain elements. The elements vary depending on the tort involved.
However, most intentional tort cases require showing:
- Intent. The defendant intended the act that caused harm. Unlike negligence, it is not enough to show carelessness. You must prove deliberate action.
- Conduct. The defendant engaged in a specific act, such as striking someone (battery) or spreading false rumors (defamation).
- Causation. The wrongful act caused harm to the plaintiff.
- Damages. The plaintiff suffered actual losses.
Because intent is often difficult to prove directly, courts may allow juries to infer intent from the circumstances. For instance, if someone throws a rock at your head, it is reasonable to infer they intended to cause harm.
How a Personal Injury Lawyer Can Help
Intentional tort cases are often more complicated than negligence claims. They may involve overlapping civil and criminal proceedings, and defendants are often highly motivated to deny wrongdoing.
An experienced attorney can make all the difference by:
- Investigating the facts
- Handling complex legal standards
- Calculating full damages
- Pursuing punitive damages
- Navigating the civil and criminal law overlap
- Standing up to aggressive defendants
When you are pursuing justice for harm caused by an intentional tort, you need the skills and resources of an experienced personal injury attorney.
Contact De Castroverde Accident & Injury Lawyers Today
If you or a loved one has been the victim of an intentional tort in Nevada, you don’t have to face the process alone. Contact our Las Vegas personal injury attorneys at De Castroverde Accident & Injury Lawyers to schedule a free case evaluation today.
We have three locations in Nevada for your convenience, including Las Vegas, Summerlin, and Henderson. We’re proud to serve Clark County and the surrounding areas.
De Castroverde Accident & Injury Lawyers – Las Vegas Office
1149 S Maryland Pkwy, Las Vegas, NV 89104
(702) 222-9999
De Castroverde Accident & Injury Lawyers – Summerlin Office
410 S Rampart Blvd, Ste 480 Las Vegas, NV 89145
(702) 964-1806
De Castroverde Accident & Injury Lawyers – Henderson Office
9555 S Eastern Ave, Las Vegas, NV 89123
(702) 800-3455
About the Author
Alex De Castroverde earned his law degree from Nova Southeastern University Shepard Broad College of Law and is licensed to practice in Nevada. He is a dedicated trial lawyer who assists clients across Las Vegas in a wide range of legal matters, with a focus on personal injury. Alex has successfully represented clients in cases involving car accidents, catastrophic injuries, truck accidents, motorcycle accidents and more. Click here to learn more about the outstanding case results Alex has achieved for his clients.
