Intentional Tort

An intentional tort is a civil wrong in which someone deliberately acts in a way that injures you, such as throwing a punch. Many people still describe a bar fight, a road rage attack, or an assault in a building lobby as an accident. That word undersells what happened, and claims built on deliberate harm follow different deadlines and insurance rules than a typical crash.

Someone chose to hurt you, and the law gives you ways to hold them accountable. At MooreJustice Accident & Injury Lawyers, we represent seriously injured people in New York and examine both the attacker and anyone whose failures made the attack possible. If you are unsure whether your injury qualifies, you can ask our team to review what happened.

When a Deliberate Act Becomes an Intentional Tort

A tort is a civil wrong that injures someone and allows them to pursue compensation in court. An intentional tort turns on purpose, although the person does not always need to intend a serious injury. For battery, New York courts require proof of bodily contact, contact that was offensive under the circumstances, and intent to make that contact without consent.

Assault in New York does not require any touching at all. It covers conduct that intentionally makes you believe harmful or offensive contact is about to happen, and a stranger lunging at you with a raised bottle can qualify.

Accident claims usually involve carelessness instead, and our overview of how negligence claims work covers that side of the law. A driver who rear-ends you while texting was careless. A driver who follows you after an argument and rams your car made a deliberate choice, and that difference shapes the entire claim.

Where Intentional Tort Injuries Happen

The setting of an attack often points to someone besides the attacker. Intentional tort injuries often arise in the following situations:

• Bar and nightclub fights: A patron throws a punch or a glass after hours of drinking.
• Road rage incidents: An angry driver deliberately strikes another car, a cyclist, or a pedestrian after a traffic dispute.
• Apartment building attacks: An intruder assaults a tenant after entering through a broken lobby door or an unlocked side entrance.
• Force by security staff: A bouncer, guard, or store employee uses violence to remove or restrain a customer.
• Detention by store security: A shopper is held in a back room against their will over a theft accusation.

Each setting also raises whether a property owner, business, or employer failed to prevent the harm.

How Intentional Tort Claims Differ From Accident Claims

A deliberate attack does not play out like a typical crash or fall claim. Insurance, damages, and the role of the criminal system all shift once the harm was intentional.

Insurance Often Excludes Deliberate Harm

Liability insurance is designed for accidents, not attacks. New York’s insurance regulator has stated in an informal opinion that intentional criminal acts generally fall outside liability coverage. Whether a particular policy applies is still a contract question for the courts.

That leaves some attackers facing the claim personally, sometimes with limited assets. We look for other coverage that may apply, including third-party claims against businesses and property owners.

Punitive Damages Can Become Part of the Claim

Punitive damages are an additional award meant to penalize serious misconduct, separate from compensation for your losses. Courts may allow them when conduct shows a high degree of moral culpability or a conscious disregard for others' rights, and a deliberate attack can raise that question.

These awards are never automatic, and our resource on how punitive damages work explains their limits.

The Criminal Case Runs on a Separate Track

Prosecutors decide whether to charge the person who hurt you, and they must prove guilt beyond a reasonable doubt. A civil claim generally uses a preponderance of the evidence standard, which asks whether your account is more likely true than not.

We build the civil claim on its own evidence, whether or not charges are filed. We also track the criminal case, because its timing can affect your deadline.

New York Deadlines for Intentional Tort Claims

The filing deadline is the first thing we check in these cases. Under section 215 of the Civil Practice Law and Rules (CPLR), you must file an action for assault, battery, or false imprisonment within 1 year.

Several rules can change that timeline:

• Criminal case extension: A criminal action against the same person for the same incident gives you at least 1 year from its end to file, even if the original year ran out.
• Domestic violence injuries: The same section allows 2 years for injuries arising from domestic violence, as defined in the Social Services Law.
• A conviction for the attack: When the person is convicted of the crime behind your injury or loss, CPLR 213-b allows a claim within 7 years of the crime date.
• Negligent third parties: A negligence claim against a property owner or other careless party generally follows the 3-year personal injury rule in CPLR 214.

Because these rules overlap, we calculate the earliest deadline that could apply and work from that date.

If someone hurt you on purpose, call MooreJustice Accident & Injury Lawyers at (917) 809-7014 to have your deadlines reviewed before the first one passes.

Who Else May Be Responsible for an Attack

The person who injured you may not be the only responsible party, or the one with coverage. MooreJustice Accident & Injury Lawyers investigates each attack to find anyone whose carelessness contributed to it.

Property Owners With Inadequate Security

Property owners owe visitors reasonable care, and New York courts have held that landlords must minimize foreseeable dangers, including criminal acts by third parties. Owners are not insurers of a visitor’s safety, and the duty’s scope depends on past experience and the likelihood of criminal conduct.

A lobby door left broken for months after earlier break-ins, for example, can support a premises liability claim.

Bars That Unlawfully Serve an Intoxicated Person

Under General Obligations Law section 11-101, a person injured by an intoxicated person can bring a claim against anyone who caused or contributed to that intoxication by unlawfully selling them alcohol. The statute allows actual and exemplary damages, also called punitive damages.

We look for bar tabs and video showing how much the attacker was served.

Employers of Guards, Bouncers, and Staff

When a bouncer, guard, or employee attacks a customer, the employer’s responsibility can depend on whether the worker was acting within the scope of employment, meaning doing their job at the time. In a 2025 appellate decision involving a security guard, the court left that question for trial.

We request incident reports, staffing records, and video early, because the employer usually controls that evidence.

Steps to Protect an Intentional Tort Claim

What you do in the first days after an attack can decide how much evidence survives. We recommend the following steps:

1. Get medical care right away: Tell providers exactly how the injury happened so your records reflect an attack.
2. Report the attack to police: Ask for the incident or complaint number, even if no arrest is made that day.
3. Request video early: Send written requests to nearby businesses and building managers, since footage is often overwritten quickly.
4. Collect witness information: Write down names and numbers for anyone who saw the attack.
5. Save threats and messages: Keep texts, voicemails, and social media posts from the attacker or people connected to them.
6. Avoid contact with the attacker: Do not respond to apologies, threats, or offers to settle things privately.
7. Track the criminal case: Note court dates and how the case ends, because the outcome can affect your filing deadline.

These steps give us a fuller record to build your claim.

Frequently Asked Questions About Intentional Tort Claims

Can I file a civil claim if my attacker was never charged?

Yes. A civil claim is separate from any prosecution, and we build it from medical records, witnesses, and video.

What if a New York City employee or police officer assaulted me?

Claims against a public corporation, such as a city, often require a formal notice of claim, which must be served within 90 days after the claim arises.

Is a threat without physical contact enough to bring a claim?

It can be, because assault covers conduct that makes you believe harmful contact is about to happen. However, words alone are usually not enough.

Can a road rage driver who rams my car face an intentional tort claim?

Yes, but the deliberate conduct may lead the driver’s insurer to dispute coverage. We review the police report, video, and policy before framing the claim.

What if my attacker has no insurance or assets?

We look for other responsible parties, such as a property owner with inadequate security or a bar that unlawfully served the attacker, whose insurance may respond.

Does a criminal conviction give me more time to file?

It can. If the person is convicted of the crime behind your claim, state law allows 7 years from the date of the crime.

Talk to MooreJustice Accident & Injury Lawyers About Your Intentional Tort Claim

The person who threw the punch is rarely the only party who belongs in an intentional tort claim. Someone chose to hurt you, and a landlord, bar, or employer that let it happen should answer for its role too.

Darren T. Moore has over 17 years of legal experience as a personal injury attorney, and he and Nicholas Blatti handle serious injury claims across New York. Our team moves quickly to preserve video, identify every responsible party, and document the full extent of your injuries.

We handle these claims on a contingency fee basis, and our office is available 24/7. Call (917) 809-7014 or reach us through our contact page for a free case evaluation about your intentional tort claim in New York.