Intentional Tort

The short definition is purposefully harming someone in such a way that the other person can sue. The longer explanation A tort occurs when someone harms another person. More simply, a tort is an action that gives rise to a lawsuit. The most common tort is a personal injury tort, e.g., someone drives negligently and causes an accident, and the other driver sues to recover for how they are harmed (i.e., medical bills, auto repairs, lost wages, pain and suffering, etc.). An intentional tort takes it to a different level. This is where someone intended to harm the other person; intentional torts are frequently crimes, but the difference between the two comes in the Court proceeding–a crime is brought by the state (or other authorized governmental entity) in criminal court, and consequences such as imprisonment or fines; whereas, an intentional tort is filed by the victim in civil court and consequence is generally an award of money to cover the damages the victim suffered. The focus of a criminal proceeding is to determine guilt and to administer justice. The focus in a civil proceeding is to determine liability and make the victim “whole.” When a spouse commits an intentional tort, the community is generally liable only to the extent the community benefited the tort, i.e., if a spouse embezzles, and the embezzled funds are used to buy a house, that house may be subjected to repossession in a lawsuit even though it is community property.