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Intentional Torts

Each of these torts have specific elements.  However, they all have one essential element that is the same - intent.  For intentional torts, the case Garratt v. Dailey defines intent under torts as purpose or knowledge with "substantial certainty." (Garratt v. Dailey, 46 Wash. 2d 197, 279 P. 2d 1091 (Wash. 1955)).  Meaning, the tortfeasor (the business or person committing the tort) must have acted with substantial certainty that their action would result in the tort.

Examples of intentional torts:

- Assault

- Battery

- Trespass

- Intentional Infliction of Emotional Distress

- False Imprisonment

- Defamation

Negligence Torts

Unlike intentional torts, there is no "intent" required for negligence torts.  Instead, for negligence torts, the tortfeasor must have failed to act at a level of care that a reasonable person would have acted in the situation, and as a result, the damage occurred.

For negligence torts, there are four elements required in all torts: a duty of care required by the tortfeasor; breach of that duty of care by the tortfeasor; actual injury to the victim due to the breach of the duty of care; and causation (but for the tortfeasor's actions, the victim would not have been injured).

Examples of negligence torts:

- Slip and Fall

- Medical Malpractice

- Vehicle Accident

Strict Liability

For strict liability, no intent is needed, nor does it matter if the tortfeasor was negligent.  All that is required to be liable is that the injury occurred, regardless of what the  tortfeasor did. 

There are two broad areas where you may find a business subject to strict liability:

- Abnormally Dangerous Activities

- Defective products (see product liability)