INTENTIONAL INJURY BY ANOTHER

Intentional torts are an area of personal injury law where an individual or a group of individuals cause harm to another not merely due to carelessness, or a disregard for another human being. In such cases, the individual or group of individuals know with substantial certainty that their conduct will cause the harm suffered by the victim. Typically, courts will not infer an intent to harm from the actions of an individual or a group of individuals, but rather will examine their actual state of mind when the conduct was committed.

While most intentional torts in Pennsylvania have their origin in what is known as “common law” – which, simply put, is law that developed over many years of court decisions, some intentional torts in Pennsylvania derive from statutes. One such example is recovery for wrongful death.

The damages one can recover in Pennsylvania for intentional actions causing injuries, which result in someone’s death, are set forth in wrongful death and survival statutes.

Examples of intentional torts in Pennsylvania include assault, battery, intentional infliction of emotional distress, and false imprisonment. An injured person may be able to recover damages for both physical as well as emotional harm, loss of consortium, and economic damages related to loss of future earnings.

Generally, an employer is not liable for the unforeseeable acts of third parties under the Pennsylvania Workers’ Compensation Act, but one can still recover against the party causing the harm under Pennsylvania tort law.

In most situations, an injured party is aware of the intentional tort of another at the time it is committed, and under Pennsylvania law, is required to bring an action in court within two (2) years.

If you are injured as a result of another’s intentional actions, you should make sure to record the time the event occurred, take photographs of any visible physical injuries you may have, try to obtain the names of witnesses, and anything you may recall being said to you by the person who caused you harm, both before, during, and after the event. If you are in an area where there may have been a video camera, you should try to make sure the tape recording of the incident is preserved.

At Rudberg Law Offices, LLC, our experienced Pittsburgh personal injury attorneys are available for free consultations about any harm you suffered due to the intentional acts of others.