Louisiana Intentional Torts
The leading Louisiana intentional tort case of Bazley v. Tortorich, 397 So.2d 475 (La.1981) provides the definition of intent for intentional torts. To have committed an intentional tort, the defendant must consciously desire to bring about the physical results of his act or believe they were substantially certain to follow from what he did. Intentional torts are wrongful acts done on purpose. The person does not actually mean har, but someone else may end up hurt, such as in a prank.
Types of Intentional Torts
There are several specific intentional torts such as battery, assault, false imprisonment, malicious prosecution, intentional infliction of emotional distress, retaliatory discharge, trespass to land, trespass to chattels, conversion, and fraud.
Battery is an unlawful application of force directory or indirectly upon another person or their personal belongings, causing bodily injury or offensive contact.
Assault is any intentional act which causes another person to fear an attack or imminent physical harm. To commit assault, the defendant only needs to put the plaintiff in fear of harm.
Defined as “confinement without legal authority”. This means no one is allowed to restrict another person’s movement against their will.
A claim where extreme or outrageous conduct caused someone emotional harm. These types of cases may be difficult to prove since emotional distress is subjective.
Trespass to Land
A common law tort committed when an individual intentionally enters the land of another without a lawful excuse.
Trespass to Chattels
This means there was an intentional interference with another person’s lawful possession of personal property. A “Chattel” refers to any personal property, moving or non-moving. The interference can be any physical contact with the chattel in a quantifiable way, or any dispossession of the chattel (whether by taking it, destroying it, or barring the owner’s access to it)
An intentional tort based on someone’s lies or misrepresentations. If you rely on their false statements and suffer harm as a result, you may have a civil fraud case.
How are Damages Determined in Tort Law?
There are two main categories of damages under Louisiana tort laws: compensatory and punitive.
Punitive damages are designed to punish a defendant for particularly egregious, reckless, or negligent conduct.
Compensatory damages have two categories of their own: special and general damages. Special damages refer to quantifiable compensation, such as compensation for medical bills or lost wages. General damages are not as easily quantifiable and include compensation for pain and suffering, potential future lost wages, mental anguish, and loss of enjoyment of life.
Contact an Experienced Louisiana Tort Law Attorney Near You
If you have suffered personal injuries because of an intentional tort, please call me at 866-558-9151 or submit your inquiry online. Please be advised that you may be facing important legal deadlines, so don’t delay.