When someone causes harm on purpose, the law may hold them accountable through an intentional tort claim. Unlike accidents that fall under negligence, intentional torts happen when a person deliberately engages in harmful conduct. Missouri law allows victims to seek damages for the harm caused by these actions.

Learning about intentional torts is important if you or a loved one has been hurt by another’s deliberate wrongdoing. In this blog post, we’ll review the most common types of intentional torts and explain how they work under Missouri law.

What Are Intentional Torts?

A tort is a civil wrong that allows the injured party to seek compensation in court. Intentional torts occur when the person who caused harm acted with intent. That means they meant to commit the act, even if they did not intend the full extent of the injury.

For example, if someone swings a fist at another person in anger, that action could give rise to both criminal charges and a civil claim for damages. The civil case is separate from the criminal one and focuses on compensating the victim for their losses.

Missouri recognizes a number of intentional torts, each with its own legal requirements.

Assault and Battery

Assault and battery are two of the most common intentional torts. Though often used together, they are legally distinct.

Assault happens when someone intentionally causes another person to fear imminent harm. Actual physical contact is not required. For example, raising a fist or threatening someone with a weapon can amount to assault if it causes reasonable fear.

Battery involves actual physical contact. Any harmful or offensive touching done without consent can qualify, meaning it doesn’t matter whether a serious injury results from the incident. A punch, slap, or shove may all be considered battery.

Under Missouri law, both assault and battery give victims the right to seek damages for medical bills, pain and suffering, and other losses.

False Imprisonment

False imprisonment occurs when someone intentionally restricts another person’s freedom of movement without legal authority. This can include physically restraining a person or using threats to prevent them from leaving.

For example, if a store employee locks a suspected shoplifter in a room without calling the police or having proper justification, that could be false imprisonment. This is also a criminal charge under state law. 

Intentional Infliction of Emotional Distress

Missouri law also recognizes intentional infliction of emotional distress. This tort applies when someone’s conduct is so extreme and outrageous that it causes severe emotional trauma.

The behavior must go beyond simple insults or minor arguments. It must be extreme enough that a reasonable person would consider it intolerable. Examples might include threats of violence, ongoing harassment, or humiliating acts meant to cause suffering.

To succeed in this type of claim, the victim must show that the emotional distress was serious and that the defendant’s actions were the direct cause.

Defamation

Defamation is an intentional tort that involves harming someone’s reputation through false statements. 

In Missouri, defamation can take two forms:

  • Libel refers to written or published false statements
  • Slander refers to spoken false statements

For a statement to qualify as defamation, it must be false, communicated to another person, and harmful to the victim’s reputation. Truth is a defense to defamation, meaning a statement that is accurate, even if damaging, is not actionable.

Defamation cases can be especially complex, as courts must balance free speech protections with the rights of individuals to protect their reputations.

Trespass

Trespass is another intentional tort recognized in Missouri, and there are two main types:

  • Trespass to land occurs when someone enters another person’s property without permission. The act itself can still be grounds for a claim, whether or not any damage is also caused.
  • Trespass to chattels applies when someone interferes with another person’s personal property, such as a vehicle or electronic device.

If the interference is serious enough, it may rise to the level of conversion, another intentional tort that requires the wrongdoer to pay the full value of the property taken or destroyed.

Fraud and Misrepresentation

Fraud occurs when someone intentionally lies or conceals information to cause another person to act to their disadvantage. To prove fraud in Missouri, the victim must show that the defendant knowingly made a false statement, intended the victim to rely on it, and suffered damages as a result.

Examples include lying on financial documents, concealing defects in a product, and misrepresenting key facts in a business transaction. Fraud claims often involve both financial and emotional harm.

What Damages Can I Recover in an Intentional Tort Case?

Victims of intentional torts in Missouri may be able to recover a variety of economic and non-economic damages, depending on the facts and circumstances of the case. 

These can include:

In addition, Missouri law allows punitive damages in some intentional tort cases. Punitive damages are designed to punish the wrongdoer and deter similar conduct in the future. Courts apply a high standard for awarding them, requiring clear and convincing evidence of intentional misconduct.

Contact the St. Louis Personal Injury Lawyers at Schultz & Myers Personal Injury Lawyers for Help Today

Intentional torts are serious civil wrongs that go beyond simple accidents. Missouri law recognizes claims for assault, battery, false imprisonment, emotional distress, defamation, trespass, fraud, and more. Each of these torts involves deliberate conduct that can cause lasting harm to the victim.

If you or a loved one has been the victim of an intentional tort in Missouri, Schultz & Myers Personal Injury Lawyers can help you pursue compensation. Set up a free consultation with our St. Louis personal injury attorneys today to get started. We work on contingency, so we only get paid if you win.

Contact the attorneys at Schultz & Myers Personal Injury Lawyers at the nearest location to schedule a free consultation, we proudly serve all throughout Missouri, including  St. Louis County and Boone County and we have offices in St. LouisLadue, Columbia, Creve Coeur.

Schultz & Myers Personal Injury Lawyers – St. Louis Office
319 N 4th Street, Suite 835, St. Louis, MO 63102
(314) 444-4444

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Schultz & Myers Personal Injury Lawyers – Columbia Office
28 N 8th St # 502, Columbia, MO 65201
(573) 702-3285

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Schultz & Myers Personal Injury Lawyers – Ladue Office
9807 S 40 Dr, St. Louis, MO 63124
(314) 912-3302

Schultz & Myers Personal Injury Lawyers – Creve Coeur Office
999 Executive Pkwy Dr #205, Creve Coeur, MO 63141
(314) 350-4021