What must a claimant establish in order to succeed in an action for trespass to the person?

To succeed in an action for trespass to the person, a claimant must establish intention. This means that the defendant either acted deliberately or with knowledge that their actions could cause contact with the claimant. In the context of trespass to the person, such as assault or battery, the focus is on the intention behind the act rather than the outcome or the level of care taken.

Establishing intent is crucial because it distinguishes tortious conduct from situations where harm occurred but was accidental. For instance, if someone accidentally bumps into another person without intent to harm, it may not constitute trespass. By proving that the defendant intended to make contact or anticipated the contact would occur, the claimant can establish a stronger case in trespass actions.

While factors like negligence, causation, and foreseeability are important in various tort claims, they do not play the primary role in proving trespass to the person. Negligence involves a duty of care and a breach, which is not a requirement for trespass; causation pertains to establishing a link between the defendant’s actions and the claimant’s injury; foreseeability relates to whether the harm was predictable, none of which directly define the intention necessary for trespass claims.