"Intentional harm" to a person or property means that a person has purposefully sought to harm another person or that person's property.
When you've been hurt by someone who purposefully set out to harm you or damage your property, you are protected by the law. You will need an experienced lawyer from Castle Law Office to be sure that you get the money you are owed to compensate you for your injury.
Intentional acts include:
- Assault and battery
- Infliction of emotional distress
- False imprisonment
- Trespassing on land
- Trespassing on personal property
Assault and Battery
Often charged together, assault and battery are two separate charges. Assault is a threat of physical harm to an individual. There is no physical contact with assault. If you've been assaulted, you are protected by personal injury laws.
A battery occurs if the person follows through with the threat and physically harms another.
Conversion means that a person has wrongfully taken possession or control over the personal property of another. Personal property, referred to as "chattels," could be a building, car, lawn mower and other personal pieces of property.
Conversion is different from trespassing in that with conversion, the person takes and uses the property taken as if it was his or her own.
To prove conversion, these elements must be present:
- The plaintiff must have greater right to the property than the defendant
- A wrongful taking by the defendant without consent of the plaintiff
- Possession by the defendant that is inconsistent with the plaintiff's rights
- Damage to the plaintiff
Infliction of Emotional Distress
Infliction of emotional distress occurs when one person purposefully acts in a way that is intended to and causes severe mental anguish in another person.
There are a few factors that determine the extent of fault:
- The wrongdoer's behavior must be deemed as extreme and outrageous.
- The action must be done intentionally to cause emotional distress or with reckless disregard to such a consideration.
- It is also helpful if the victim can show other non-emotional damages such as loss of gainful employment.
False imprisonment occurs if an individual prevents another person's freedom of movement without justification or consent for any amount of time. The most common form of false imprisonment is kidnapping.
There are four key principals in a false imprisonment claim.
- The confinement must be non-consensual on the victim's part.
- The confinement must be intentional on the part of the perpetrator.
- The victim has to have knowledge that he or she is indeed imprisoned or be harmed by it.
- The victim is not aware of any means to escape.
Fraud and Misrepresentation
Fraud and misrepresentation are scams, falsification of identify and other forms of deceit. These types of cases usually involve extensive research and relentless fact finding. You need an experienced attorney to defend your case.
Fraud occurs when one person deliberately falsifies information in order to deceive another into certain conduct or to giving up something of value.
Misrepresentation is a false or misleading statement that was made to deceive another person. Contracts may be broken in cases of fraud and misrepresentation, and the wrongdoer can be sued for damages.
Trespass to Land
Trespass to land occurs when someone refuses to leave the property after they have been told to do so.
A person is subject to liability for trespass, regardless of whether he causes harm, if he intentionally:
- Enters the land or causes another to do so
- Remains on the land when asked to leave
- Fails to remove from the land a possession that he is responsible for removing
Examples include domestic violence cases in which one person has been ordered to leave the premises but doesn't, an unwanted person enters an establishment and refuses to leave, and when a person refuses or neglects to take away a personal belonging from another person's property.
Trespass to Personal Property
Trespass to personal property, or chattel, occurs when someone uses or takes control of another's personal belongings.
This trespassing tort can refer to any type of personal property, including personal information that can be accessed via computer. Hacking into computer systems or using a computer when not authorized is considered trespassing.
At Castle Law Office, an experienced personal injury attorney will assist you or your loved one in your case. When you meet with us, we will work to understand your situation and get the most compensation possible for your injury. Call us today ay 816-842-7100 to speak with an attorney, or click here to email us and schedule your free consultation.