Ty Robinson | December 17, 2025 | Personal Injury

Most people are aware of accidents caused by carelessness, such as car crashes or slip-and-fall incidents. Those cases usually involve negligence. But not every injury happens by accident. 

Some injuries occur because someone intended to act, or at least intended to perform the act that caused harm. These cases fall under the realm of intentional tort law. Intentional torts can cause serious physical, emotional, and financial harm.

This article explains what intentional torts are, provides common examples, outlines their differences from negligence cases, and describes the process for proving them in court. 

What Is an Intentional Tort? 

An intentional tort occurs when someone intentionally commits an act that causes harm to another person. The person does not have to intend the final injury itself; they only have to intend the action that led to the harm. 

For example, if someone throws a punch intending to hit another person, that action qualifies as intentional even if the resulting injury turns out worse than expected. 

Intentional torts focus on deliberate behavior. They do not generally apply in situations regarding carelessness or mistakes.

Common Types of Intentional Torts in South Carolina

South Carolina recognizes many types of intentional torts. Some arise more often than others in personal injury cases. 

Assault

Assault happens when someone intentionally causes another person to fear immediate harmful or offensive contact. 

Key points about assault: 

  • Physical contact is not required. 
  • The threat must be perceived as real and immediate. 
  • Words alone usually are not enough unless paired with action. 

An example would include someone raising a fist and threatening to hit another, causing the victim to fear an attack. Reach out to our assault injury lawyer to learn more.

Battery 

Battery occurs when someone intentionally makes harmful or offensive physical contact with another person. A battery often accompanies assault. However, it can exist independently. 

Examples include: 

  • Punching, kicking, or striking someone 
  • Shoving or grabbing someone 
  • Throwing an object at another person

Even minor physical contact can be considered offensive or unwanted, qualifying as such. 

False Imprisonment 

False imprisonment happens when someone intentionally restricts another person’s freedom of movement without legal justification. 

This can involve: 

  • Locking someone in a room 
  • Blocking exits 
  • Threatening force to keep someone from leaving 

The confinement does not have to last long to qualify. 

Intentional Infliction of Emotional Distress 

This tort applies when someone intentionally engages in extreme and outrageous conduct that causes severe emotional distress. 

South Carolina courts set a high standard for these claims. The behavior must usually go beyond insults or rude behavior. 

Examples may include: 

  • Threats of serious harm 
  • Repeated harassment 
  • Conduct meant to terrorize or humiliate 

The emotional distress must be serious and provable. 

Defamation (Libel and Slander) 

Defamation occurs when someone makes false statements that harm another person’s reputation. 

There are two key types of defamation:

  • Libel involves written false statements. 
  • Slander involves spoken false statements. 

To qualify as an intentional tort, the person must knowingly or recklessly spread false information. 

Trespass

Trespass occurs when someone intentionally enters or remains on another person’s property without permission. 

Even a brief or non-damaging entry can qualify as trespass. 

Conversion

Conversion involves intentionally taking or using someone else’s property without permission and depriving the owner of its use. 

Examples include: 

  • Taking personal belongings 
  • Refusing to return property 
  • Using property in a way that destroys its value

How Intentional Torts Differ from Negligence Cases 

Intentional torts and negligence cases differ in several important ways. 

Intent vs. Carelessness 

Intentional torts involve deliberate actions. Negligence cases involve carelessness or failure to act reasonably.

A drunk driver who chooses to drive recklessly may face negligence claims. On the other hand, a person who punches someone could face an intentional tort claim. 

Burden of Proof

In intentional tort cases, the injured person must show: 

  • The defendant intended the act 
  • The act caused harm

In negligence cases, the injured person must prove the four elements: duty of care, breach of duty, causation, and damages.

Insurance Coverage 

Insurance policies often cover negligence, but they generally exclude intentional acts. This makes intentional tort cases more complex when it comes to collecting compensation. 

Availability of Punitive Damages 

South Carolina courts are more likely to allow punitive damages in intentional tort cases because the conduct is deliberate. Punitive damages serve to punish wrongdoing and deter similar behavior. 

How to Prove an Intentional Tort Case

To succeed in an intentional tort case, the injured person must present strong evidence. 

Common forms of proof include: 

  • Witness statements 
  • Video footage 
  • Medical records 
  • Police reports 
  • Photos of injuries 
  • Text messages or emails 
  • Prior threats or behavior 

Evidence must show that the defendant meant to commit the act that caused the harm. 

How a Personal Injury Lawyer Can Help 

Intentional tort cases often feel personal, emotional, and overwhelming. 

A skilled personal injury lawyer can bring clarity and structure to the process by: 

  • Evaluating whether the case qualifies as an intentional tort
  • Gathering and preserving evidence
  • Identifying all liable parties
  • Handling insurance and legal barriers
  • Pursuing full compensation
  • Representing you in court

Hiring a lawyer can bring peace of mind that your legal case is in good hands while you focus on recovering from your injuries.

Contact Our Charleston Personal Injury Lawyer at Ty Robinson Car Accident & Personal Injury Law Firm for a Free Consultation

If someone intentionally harmed you or violated your rights in Charleston, South Carolina, and need legal help, contact our Charleston personal injury lawyer at Ty Robinson Personal Injury & Car Accident Law Firm to schedule a free case review today.

Ty Robinson Personal Injury & Car Accident Law Firm
28 Broad St Suite 204-2
Charleston, SC 29401
(843) 278-2222