From assault to defamation, learn about intentional torts in South Carolina and how victims can seek justice and compensation
In the realm of personal injury law, intentional torts occupy a unique space, encompassing deliberate acts that cause harm to another person. In South Carolina, understanding the nuances of these torts is crucial for both potential victims seeking justice and individuals aiming to avoid legal repercussions.
This article will discuss different types of intentional torts, explain how to prove liability, and explore some commonly used defenses.
Whether you’re facing a dispute or simply seeking knowledge, read on to gain a comprehensive understanding of intentional torts in South Carolina.
What is the meaning of intentional tort?
An intentional tort is a wrongful act that occurs when a person deliberately behaves in a way that causes harm to another person or their property.
Unlike negligence, which involves careless actions, intentional torts require the individual to have intended the harmful consequences of their actions or knew with substantial certainty that harm would result.
What is a real-life example of an intentional tort?
Below are some real-life examples that illustrate the various forms that intentional torts can take:
- Assault and battery. In a workplace altercation, one employee, John, becomes angry with his colleague, Mike, and intentionally punches him, causing physical injury. John’s violent act constitutes both assault (the threat of harm) and battery (the actual physical harm).
- False imprisonment. A store security guard detains a shopper, Lisa, accusing her of shoplifting without any evidence and refuses to let her leave the store for several hours. The guard’s actions amount to false imprisonment, as Lisa was unlawfully confined against her will.
- Trespass to land. A neighbor, Sarah, intentionally enters another person’s property without permission to cut down a tree she believes is encroaching on her yard. Sarah’s entry onto the property without consent constitutes trespass.
- Defamation. A business owner, Tom, spreads false rumors about a competitor, claiming that the competitor engages in illegal activities. These statements harm the competitor’s reputation and result in a loss of business. Tom’s false and damaging statements are considered defamation.
- Intentional infliction of emotional distress. A landlord, angry with a tenant, repeatedly threatens the tenant with eviction and harasses them through late-night phone calls and verbal abuse. The landlord’s actions cause severe emotional distress to the tenant, qualifying as intentional infliction of emotional distress.
- Conversion. Alex borrows a friend’s car without permission and refuses to return it, effectively treating it as their own. Alex’s actions interfere with the friend’s ownership rights, constituting conversion (a form of theft).
As these examples highlight, intentional torts can arise in various contexts, from personal conflicts to business disputes, and not all involve physical harm.
In the news:
Johnny Depp receives $1 million settlement in defamation case following appeals
On June 1, 2022, a jury in Virginia reached a verdict in the highly publicized defamation trial between Johnny Depp and Amber Heard. The jury sided predominantly with Depp, ruling in his favor on all 3 counts of defamation related to a 2018 op-ed Heard wrote about domestic abuse, which did not mention Depp by name but implied misconduct.
Depp was initially awarded $15 million in damages, later reduced to $10.35 million due to a Virginia law capping punitive damages. Heard won one of her counterclaims and was awarded $2 million in damages.
Following the verdict, both parties filed appeals but eventually reached a settlement in December 2022, with Heard agreeing to pay Depp $1 million, which he pledged to donate to charity. This case highlights the complexities and emotional toll of intentional tort lawsuits involving defamation and their broader implications for public figures and survivors of abuse.
What is needed to prove intentional tort?
To prove an intentional tort, the plaintiff (injured party) must generally establish the following elements:
- Act. The defendant must have committed a voluntary act. This means the act was deliberate, and not accidental or involuntary.
- Intent. The plaintiff must show that the defendant acted with the intention to cause harm or with the knowledge that harm was substantially certain to occur as a result of their actions. This does not necessarily mean the defendant intended the specific harm that occurred, but that they intended the act that led to the harm.
- Harm or injury. The plaintiff must show that they suffered actual harm or injury as a result of the defendant’s intentional act. This can include physical injuries, emotional distress, financial losses, or damage to reputation or property.
- Causation. The plaintiff must demonstrate a direct link between the defendant’s intentional act and the harm they suffered. This means proving that the defendant’s actions were the proximate cause of the injury or damage.
- Damages. The plaintiff must provide evidence of the damages they have incurred due to the defendant’s intentional conduct. Compensatory damages can include medical expenses, lost wages, pain and suffering, and other economic and non-economic losses.
By establishing these elements, the plaintiff can make a compelling case for holding the defendant liable for the intentional tort.
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What is the burden of proof for intentional torts?
The burden of proof for intentional torts in civil cases is a “preponderance of the evidence,” which is a lower standard than the “beyond a reasonable doubt” standard required in criminal cases.
This means the plaintiff must prove that it is more likely than not (greater than 50% probability) that the defendant committed the intentional tort and that their actions caused the plaintiff’s harm.
To meet this burden, the plaintiff must present sufficient evidence, such as witness testimonies, documents, or physical evidence, to persuade the judge or jury that their account of events is more credible than the defendant’s.
Civil vs Criminal Cases:
What’s the Difference?
Understanding the differences and similarities between civil and criminal lawsuits in South Carolina and when they might overlap.
What is a defense to an intentional tort?
Defending against an intentional tort can be challenging, especially if the case involves clear evidence of deliberate actions with reliable eyewitness testimony. However, there are several defenses that attorneys might use to mitigate or eliminate liability, including:
- Consent. The defense might argue that the plaintiff consented to the conduct that resulted in harm, thereby negating the claim of an intentional tort.
- Self-defense. The defense could claim the defendant acted to protect themselves from imminent harm, using reasonable force in response to the plaintiff’s actions.
- Defense of others. Similar to self-defense, the defense could argue that the defendant acted to protect another person from imminent harm using reasonable force.
- Defense of property. The defendant could assert that they used reasonable force to protect their property from being damaged or trespassed upon.
- Privilege. A defense might include claims that the defendant had a legal right or privilege to engage in the conduct that caused harm, such as a law enforcement officer performing their duties.
- Necessity. The defense might argue that the actions were necessary to prevent a greater harm from occurring.
Under certain circumstances, these defenses could help to mitigate or eliminate liability for the defendant if successfully proven, which is why it’s crucial for both defendants and plaintiffs to enlist the help of an attorney early on in the legal process to protect their rights.
Injured by someone’s intentional act in Columbia? Our experienced personal injury attorneys can help!
If you or a loved one has suffered due to someone else’s intentional actions, know that you’re not alone. The experienced Columbia personal injury attorneys at Chappell, Chappell and Newman understand the physical, emotional, and financial toll that intentional torts can inflict.
With over 30 years of experience navigating the complexities of South Carolina law, we’re dedicated to providing compassionate and effective legal representation.