The issue of Transferred Intent occurs when a defendant intents to harm one specific person, but instead injures another person (or both). It falls under TEX. PEN. CODE ANN. 6.04(b)(2) (Vernon 1994); Manrique v. State, 994 S.W.2d 640, 647 (Tex. Crim. App. 1999).

The classic example of Transferred Intent is Dowden v. State. Although a criminal case not a civil one, it highlights the point. In this case, a heavily armed individual entered a police station with the intent to free a jailed associate.

After the individual pulls a gun on the officer behind the desk, the supervising officer begins to wrestle with him. During this engagement, the gun fired three times but did not hit anyone.

Hearing the gun shots, two other officers pulled their weapons and began slowly working their way towards the noise. Meanwhile, the supervising officer manages to untangles himself from the individual and moves towards the door.

The supervisor crashes through the door, and the two officers open fire, mistakenly killing him.

The individual who entered the police station was apprehended and charged with capital murder. He was convicted, and an appeals court upheld the verdict.

In personal injury cases, an example might occur when Person A engages in road rage and attempts to hit Person B with her car. She misses, but crashes into Person C causing significant damage and injuries. Even though Person A had no intent to Hurt Person C, she would likely still be found liable for the damages and injuries.