In a California personal injury case, if the plaintiff’s injuries are the result of intentional harm, the defendant may be liable under theories of intentional torts, such as assault, battery, or infliction of emotional distress. Unlike negligence, where the defendant’s actions are unintentional, intentional harm occurs when the defendant deliberately causes harm to the plaintiff. For example, if a person physically strikes another, causing injury, the plaintiff can sue for battery, as the defendant intentionally made harmful contact. In these cases, the plaintiff does not need to prove negligence but must show that the defendant acted with intent to cause harm or with knowledge that harm was likely to result from their actions.
Intentional harm can also arise in situations like defamation or fraud, where the defendant intentionally makes false statements to harm the plaintiff’s reputation or intentionally misleads the plaintiff to their detriment. California law provides for punitive damages in cases of intentional harm, which are designed to punish the defendant for their deliberate wrongdoing and deter similar actions in the future. In these cases, the plaintiff has the burden of proving that the defendant’s conduct was willful and that the injuries sustained were the direct result of the defendant’s intentional actions. As opposed to negligence-based claims, proving intentional harm typically requires a higher standard of evidence regarding the defendant’s state of mind and intent.
Law Offices of James R. Dickinson – 909-848-8448
How To Schedule A Consultation:
Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].