Intentional Torts

Fairfax Injury Lawyer Brien Roche Addresses Intentional Torts

Brien Roche

Beyond Negligence

Intentional torts are intentional acts resulting in injury. Intentional torts consist of such claims as assault and battery, conversion, defamation. Also false imprisonment, fraud, malicious prosecution, invasion of privacy, trespass and the intentional infliction of emotional distress. All of these have specific elements that must be met and proved in order for a plaintiff to prevail.

Brien Roche is an experienced tort lawyer serving all of Northern Virginia, including Fairfax, McLean, Vienna, Burke, Annandale, Falls Church Reston, Centreville, Manassas, Alexandria, Herndon, Arlington, and Loudoun County. Call, or contact us for a free consultation.

Examples of Intentional Torts

A battery is an unwanted touching of one person by another. Conversion is the taking of a person’s property without that person’s consent. Defamation can come in either written (libel) or oral (slander) form. It is the making of injurious statements about a person that are untrue. There are some statements that are per se breaches. Statements that allege moral turpitude, a contagious disease, unfitness to perform the duties of office or words that prejudice a person in his profession or trade may be defamatory per se.

Special Damages

If the alleged statement is not defamatory per se, then the plaintiff may have to prove what are called special damages. Special damages would come in the form of out-of-pocket expenses incurred as a result of those defamatory statements. For instance, if you are a surgeon and I call you a butcher, that is defamatory per se. Therefore you could assert a defamation claim against me. This is so even though you may not have incurred any special damages. In other words you may not have any out-of-pocket expense as a result of my statement.

However if you are unemployed and I call you a crook and you incur so much emotional distress that you seek psychiatric help you may have a basis for a defamation claim. Although the comment is not defamatory per se, the fact that you have incurred medical expenses as a result of my comment satisfies the special damages requirement. Therefore that gives you the basis for a defamation claim against me.

False imprisonment is improperly restraining another person. Malicious prosecution is pursuing a prosecution which is unjustified.


Fraud is the intentional misrepresentation of a material existing fact. It must be made for the purpose of inducing reliance and does induce reliance to the damage of the plaintiff. It is very difficult to prove. The standard of proof in most civil claims is the greater weight of the evidence. Fraud must be proven by clear and convincing evidence. This is a much higher standard. It is much more difficult to prove. The reason for the higher standard is that the law recognizes that fraud is an offense that involves secretive behavior. That may be subject to different views. It is felt that the plaintiff should have a tougher burden in regards to these claims than would apply to more simple tort claims.

For Intentional Torts Contact an Injury Attorney

Intentional torts involve bad actors who commit bad acts against good people. To level the playing field you need an experienced lawyer to be your advocate. Brien Roche has over 40 years of trial experience and a proven track record. Contact Brien today if you require representation in Virginia, Washington DC or Maryland. For more info on intentional torts see the pages on Wikipedia

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Intentional Torts

Contact Us For A Free Consultation

    Contact Us For A Free Consultation