Ohio law recognizes three categories of assumption of the risk as defenses to a negligence claim: express, primary, and secondary (aka "implied"). Express. An example is cases of battery, assault, defamation, fraud, and trespass.TORT: To commit a tort is to act in a manner that is wrongful and injurious toward another. Duty has been expanded over the years such that today, there is a general duty in the absence of a countervailing policy. They are based, rather, on negligent conduct that in the circumstances is careless or poses unreasonable risks of causing damage. Required him to remain and fill out a statement about the accident. Or, the person can mean harm, such as in domestic violence situations. Both types of cases are examples of intentional torts. In some states, the tort claims act also covers local governments. Battery: An intentional tort case for battery is when someone wrongfully and intentionally touches another person.