West Virginia Security Guard Practice Exam

Which of the following is an example of an intentional tort?

1. Theft

2. False Arrest

3. Fraudulently taking a sick day

4. Failure to provide a reasonably safe environment by not reporting a spill on the floor

The correct answer is: False Arrest

An intentional tort is a civil wrongdoing that occurs when an individual intentionally causes harm to another. In the context of security professionals, this often applies when there's a willful infringement on another's rights including, but not limited to, false arrest. False arrest is considered an intentional tort because it involves knowingly and willingly making an arrest without legal justification. It means that the person making the arrest either knew or should have known that they didn't have the authority to make such an arrest. This violation of personal freedom and security goes against the rights to liberty and security of the person, making it an intentional tort. A security guard, for example, who confines someone without just cause or outside the bounds of their authority, could be guilty of false arrest. The other options listed, such as theft and fraudulently taking a sick day, are indeed intentional acts but they are criminal offenses, not intentional torts that one person can sue another for in civil court. And the last option, Failure to provide a reasonably safe environment by not reporting a spill on the floor, is more related to negligence than intentional tort.