{"id":353532,"date":"2017-08-01T13:08:44","date_gmt":"2017-08-01T18:08:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/torts-and-personal-injuries\/transferred-intent-in-personal-injury-law.html"},"modified":"2023-08-30T09:12:29","modified_gmt":"2023-08-30T14:12:29","slug":"transferred-intent-in-personal-injury-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/torts-and-personal-injuries\/transferred-intent-in-personal-injury-law.html","title":{"rendered":"Transferred Intent in Personal Injury Law"},"content":{"rendered":"\n
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Transferred Intent in Personal Injury Law<\/h1>\n\n
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\n By Robert Rafii, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

To win an intentional tort, you must prove that the other person meant to harm you. But what if you were simply caught in the crossfire of an attack against someone else? You can use the legal doctrine of transferred intent. This means you can sue as an accidental victim.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

As you pass two people on the street, one of them tosses a bottle at the other out of anger. They miss the intended victim and instead hit you on the head. Is the thrower liable for your injuries even if they didn’t intend to hurt you?<\/p>\n

The answer is most likely yes. The thrower’s intent to commit a tort (civil wrong) has been transferred under the transferred intent doctrine.<\/p>\n

Read on to learn about transferred intent in personal injury law. Or, find a qualified lawyer<\/a> in your state who can answer your questions about intent and liability for an injury.\u00a0<\/p>\n

What Is Transferred Intent?<\/h2>\n

Transferred intent<\/a>\u00a0is a\u00a0legal theory\u00a0that can apply to both civil tort law and criminal law. Civil torts are wrongful acts that result in personal injury.<\/p>\n

In an intentional tort case, you are required to show that the\u00a0defendant<\/a>\u00a0intended to commit the act that caused you to suffer.\u00a0In criminal law, there is a similar legal doctrine known as\u00a0mens rea<\/a>.<\/i>\u00a0You’re required to show that the defendant specifically intended to harm you.<\/p>\n

You can file a lawsuit under the intentional tort claim as long as you can show that:<\/p>\n