Transferred Intent in Utah Personal Injury Cases
Transferred Intent in Utah
When someone intentionally acts to inflict a personal injury upon a person, it requires a very specific type of intent. The intent may be met if the actor intends to commit a battery on one person and actually inflicts one on somebody else resulting in a wrongful death. For example, if Abe throws a brick at Bob intending to hit him, but he aims poorly and hits Chad instead. Abe would argue that he cannot be liable for Chad’s injury because he had no intent to hurt him.
Though Abe had no tortious intent to hurt Chad, he did have a tortious intent toward Bob. Courts hold that the intent to hit Bob transfers to Chad. So, where an actor tries to inflict personal injury upon one person and actually causes a harmful or offensive contact to another, he or she will be liable to the actual victim.
Transferred Intent Allows People to be Compensated
Transferred intent is a legal fiction created to compensate those who sustain a personal injury despite the fact it arose from an accident since the individual did not intent to hurt the person actually contacted. The doctrine’s rationale is that the injury inflicter is just as culpable when his aim is bad as when it is good; it would be unconscionable if she were excused just because she hit the wrong person. Under transferred intent he will be liable whether he hurts his intended victim or someone else.
Transferred intent allows recovery for personal injury where the actor attempts one intentional tort but causes another. For example, if Abe tries to scare Bob by shooting above his head, but the bullet actually hits him, Abe will be liable for battery even though he intended to commit an assault instead.
Utah Personal Injury Attorneys Protect Victims of Accidents
If you have sustained a personal injury as the result of someone attempting to hurt one person and ended up hurting you instead, or you have caused a personal injury by mistake, call the Utah personal injury lawyers at Salcido Law Firm. The attorneys at Salcido Law Firm will actively pursue compensation for those who have been injured and will defend those who have inflicted a personal injury. Call the personal injury lawyers today at 801.413.1753.