Intentional Tort, Negligent Tort & Absolute Liability

When filing an insurance claim, or when being sued by another individual, you may have heard the phrase "tort action" along the way. While tort action is a significant allegation of misconduct, it is important to understand the three general types of tort action that can be filed. Understanding the specific type of tort being filed will assist you in determining what aspects or criterion must be met in order to find liability.

Tort action can be classified as an intentional tort, a negligent tort as well as an absolute liability tort. While there are many defenses that can be used in a tort allegation against you, not all defenses are applicable to every type of tort allegation. Therefore, to manage any tort allegation effectively, it is important to understand not only the elements, but also the defenses that may arise. In terms of insurance coverage, tort actions are common and the extent to which liability is determined can significantly affect the outcome of an insurance settlement as torts that involve intentional torts are generally not covered by insurance coverage.

Negligent torts are those classified as conduct which falls below the standard protection of others. In the realm of insurance or other lawsuits, an intentional tort requires that an individual be responsible for an action that caused undue harm upon another individual. In most cases, the individual who commits the act of negligence is simply careless or commits and inadvertent act that leads to harm or damage. To differentiate between an intentional tort and negligent tort, the courts must determine the "state of mind" of the offender. The mere fact that an injury may arise is not enough to validate risk or intent. The evidence, therefore, must show there is a significant risk that is so immense that it would only be expected to result in a reckless event.

In the case of absolute liability tort action, there is not need to prove anyone is at fault for the outcome. Different from negligent tort and intentional tort, the absolute tort allegation does not require that anyone provide an intentional basis on which to act and, instead, only requires that an adverse outcome occurred even if the highest level of care was taken.

Whether you have become the victim of tort allegation or you are filing lawsuit alleging tort allegation, it is important to understand the types of tort action, what can be assumed as tort and what elements must be met to be classified as such. When preparing for this litigation, be certain you ask your attorney to clarify the type of tort action involved.