CandleFocus

Unintentional Tort

Candlefocus Editor
An unintentional tort is viewed differently in courts and by insurance companies than an intentional tort where there is premeditation or intent to bring harm. Unintentional torts are created when someone has breached an obligation that they have to another, such as negligence. In the United States, a plaintiff can sue for an unintentional tort when the three following criteria are met: the defendant was the cause of injury to the plaintiff, the defendant failed to provide the standard of care that a reasonable person would provide, and the defendant owed the plaintiff an obligation to avoid careless action.

Children are treated differently than adults when considering an unintentional tort. Instead of focusing on the damages that were caused, the courts look at a broad picture, such as the background of the child or the circumstances of why the unintentional tort occurred. In certain circumstances, a child can even sue their parents for an unintentional tort, though this situation is relatively rare.

Due to the seriousness of an accidental injury, there is an important question of discipline when an unintentional tort occurs. Taking into consideration a child’s background and circumstances of the incident, a court may require less discipline for a child who commits an unintentional tort than an adult.

In the majority of cases, the repercussions of an unintentional tort are the same for a child or an adult. The defendant will be expected to pay for any medical expenses, pain and suffering, lost wages, and any other losses that may have been caused by the incident in question.

When in the case of an unintentional tort, it is important to consult with a lawyer who has expertise in this area of law, especially when a child is involved. With their help, the right course of action can be determined to receive the maximum level of compensation possible.

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