When someone gets hurt because of another person’s actions, the legal system offers more than one path to accountability. Two of the most common grounds for a civil lawsuit are intentional torts and negligence claims. They are not the same thing, and the distinction matters considerably when deciding how to move forward.
What Is A Negligence Claim
Negligence is about failure. Specifically, it is the failure to act with the level of care that a reasonably prudent person would exercise under similar circumstances. In Georgia, a negligence claim requires proving four elements:
- Duty: the defendant owed the plaintiff a legal duty of care
- Breach: the defendant failed to meet that duty
- Causation: that breach directly caused the plaintiff’s harm
- Damages: the plaintiff suffered actual, measurable losses as a result
A property owner who ignores a known security risk and someone gets hurt on the premises is a common negligence scenario. There was no intent to cause harm, but the failure to act responsibly created liability.
What Is An Intentional Tort
An intentional tort is different at its core. The person who caused the harm acted on purpose. They intended the act itself, even if injuring someone was not the specific goal. Battery, assault, false imprisonment, and intentional infliction of emotional distress are all recognized intentional torts under Georgia law. If someone fired a weapon into a crowd, even without targeting a specific individual, the act was intentional. The harm that follows may give rise to an intentional tort claim regardless of whether there was a personal motive against the victim.
Why The Distinction Changes Your Case
The legal consequences of these two categories can diverge in meaningful ways. Negligence cases typically produce compensatory damages covering medical bills, lost income, and pain and suffering. Intentional torts open the door to something additional: punitive damages. Under Georgia law, punitive damages are available when a defendant’s conduct shows willful misconduct, malice, fraud, wantonness, or oppression. These damages are not meant to compensate the victim. They are meant to punish the wrongdoer and deter similar conduct in the future. For victims of violent crimes, this can represent a significant portion of the overall recovery. A Savannah serious violent injury lawyer can help assess which legal theory applies to your situation and whether both claims might be worth pursuing at the same time.
Can You Bring Both Claims At Once
Yes, and it is often strategically appropriate. A shooting victim, for example, might bring an intentional tort claim directly against the shooter and a separate negligence claim against a property owner who failed to maintain adequate security. Two defendants, two theories of liability, two avenues for recovery. Georgia courts allow plaintiffs to plead multiple theories as long as the facts support them. Many civil cases involving violent acts are built on both grounds simultaneously. For reference on Georgia civil statutes, the Georgia General Assembly publishes the full text of state law online. At Deitch + Rogers, our firm exclusively represents crime victims in civil suits throughout Georgia. Every case we take involves violence or serious harm caused by another party’s intentional or negligent conduct. We do not handle general personal injury matters. If you or someone close to you has been seriously injured and you want to understand what claims may be available, speaking with a Savannah serious violent injury lawyer is a practical first step toward getting real answers about your legal options.
