Eisenberg Law Offices, S.C. | January 13, 2026 | Intentional Torts
When most people think about personal injury law, they imagine accidents—car crashes, slip and falls, or medical mistakes. However, not all injuries result from negligence. Some arise from deliberate actions. These are known as intentional torts, and they can give injured victims the right to pursue civil compensation, separate from any criminal charges that may apply.
An intentional tort occurs when someone purposefully engages in conduct that causes harm to another person or their property. Unlike negligence cases, intent—not carelessness—is the defining factor. Below are some of the most common types of intentional torts and how they may impact victims.
In civil law, assault does not require physical contact. Instead, assault occurs when someone intentionally causes another person to reasonably fear imminent harmful or offensive contact. For example, raising a fist and threatening to strike someone can constitute assault if the victim genuinely believes harm is about to occur.
Assault claims often arise in disputes involving road rage, bar altercations, workplace conflicts, or domestic situations. Even if no physical injury occurs, victims may still recover damages for emotional distress, fear, and psychological harm.
While assault involves the threat of harm, battery involves actual physical contact. Battery occurs when someone intentionally touches another person in a harmful or offensive way without consent. This can range from punching and kicking to spitting or unwanted sexual contact.
In civil battery cases, the injured party does not need to prove serious injury—only that the contact was intentional and offensive. Medical expenses, pain and suffering, emotional distress, and sometimes punitive damages may be available depending on the severity of the conduct.
False imprisonment occurs when someone intentionally restrains another person’s freedom of movement without legal justification or consent. This restraint does not need to involve physical force; threats, intimidation, or deception can also qualify.
Common examples include locking someone in a room, blocking an exit, or unlawfully detaining a person during a confrontation. False imprisonment claims may arise in retail settings, domestic disputes, or workplace incidents. Victims may be entitled to compensation for emotional trauma, lost wages, and reputational harm.
Intentional infliction of emotional distress involves extreme and outrageous conduct that intentionally or recklessly causes severe emotional suffering. This tort has a high legal threshold—ordinary insults or rude behavior typically are not enough.
Examples may include prolonged harassment, threats of violence, or deliberately exploiting a person’s vulnerabilities. To succeed in an IIED claim, the victim must show that the emotional distress was severe and directly caused by the defendant’s conduct. Damages may include therapy costs, emotional pain, and loss of enjoyment of life.
Trespass to land occurs when someone intentionally enters or remains on another person’s property without permission. Physical damage is not required; the unauthorized entry itself can be enough to establish liability.
Common scenarios include neighbors crossing property boundaries, refusing to leave after being asked, or entering private land for personal gain. Property owners may seek damages for harm to the land, loss of use, or injunctive relief to prevent future trespasses.
Trespass to chattels involves intentional interference with another person’s personal property. This can include damaging, using, or temporarily depriving someone of their belongings without permission.
For example, taking someone’s phone and refusing to return it, or intentionally damaging equipment, may qualify. While often less severe than other torts, trespass to chattels can still result in compensation for repair costs, loss of use, or diminished value of the property.
Conversion is a more serious form of property interference. It occurs when someone intentionally exercises control over another person’s property in a way that effectively deprives the owner of it permanently or for a significant period of time.
Theft, selling stolen property, or refusing to return property after repeated demands may constitute conversion. In these cases, victims may recover the full value of the property, not just the cost of repairs.
Fraud involves intentional deception that causes another person to suffer financial or personal harm. To prove fraud, a victim generally must show that the defendant knowingly made a false statement, intended the victim to rely on it, and caused damages as a result.
Fraud claims commonly arise in business transactions, real estate deals, investment schemes, and consumer purchases. Damages may include financial losses, rescission of contracts, and in some cases, punitive damages.
Intentional torts are significant because they often involve more severe misconduct than negligence-based claims. As a result, courts may award punitive damages in addition to compensatory damages to punish the wrongdoer and deter similar behavior in the future.
It is also important to note that a single incident can lead to both criminal charges and a civil intentional tort claim. Even if a defendant is not convicted of a crime, they may still be held financially liable in civil court.
If you have been harmed by someone’s intentional actions, it is important to speak with an experienced attorney as soon as possible. Intentional tort claims can be complex, and strict deadlines may apply.
A knowledgeable lawyer can help determine whether you have a valid claim, gather evidence, and pursue the full compensation you deserve. Contact Eisenberg Law Offices, S.C. today for a free consultation.
Eisenberg Law Offices S.C. is a trusted personal injury law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.
We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.
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