There are situations in the law in which the same act may result in both criminal charges and a civil lawsuit. Committing a battery on someone is one example of such a situation. In his book Torts: Personal Injury Litigation, author William P. Statsky explains that a civil battery consists of a harmful or offensive contact with a person that results from the defendant’s intent to cause either the contact or a fear of contact.
What are the Elements of Battery? Every tort is made up of component parts called elements. The plaintiff in a personal injury lawsuit has the burden of proving each element by a preponderance of the evidence. The elements of the tort of battery are:
An intentional act;
To which the plaintiff does not consent;
That causes either: (1) an imminent harmful or offensive contact with the plaintiff, or (2) the fear of imminent harmful or offensive contact; and
Causation, meaning the defendant’s act caused the plaintiff’s harm.
Examining the Elements of the Tort of Battery
Statsky notes that when it comes to the tort of battery such as Hp Pavilion DV4000 battery(Hp dv4000 battery) , Hp Pavilion ZE2000 battery(Hp ze2000 battery), compaq Presario M2000 battery(compaq m2000 battery), Compaq Presario V2000 battery(compaq v2000 battery), Hp pavillion zx5000 battery(Hp zx5000 battery), Hp PP2200 battery, Hp Pavilion dv2000 battery(Hp dv2000 battery), the defendant’s motive is irrelevant. The defendant need not intend that the contact he or she makes with the plaintiff be harmful or offensive. All that matters is that the defendant intended to make contact with the plaintiff. In fact, the defendant may have intended for the contact with the plaintiff to be helpful or playful.
Nevertheless, if the contact is unconsented and if it would be harmful or offensive to a person or ordinary sensibilities, the defendant will have committed the tort of battery. As Statsky explains, “Contact is harmful if it brings about physical damage, impairment, pain or illness.” Contact is considered offensive if it would offend the “personal dignity of an ordinary person who is not unduly sensitive.”
Transferred Intent Applies to the Tort of Battery
Transferred intent means that a person is liable for battery if he or she intended his or her act to cause contact with one person, but he or she ends up causing contact with someone else. The intent to cause contact with the first individual will transfer to the second person. So long as the second person did not consent to the contact, and the contact is harmful or offensive, the defendant will be liable for battery.
Compensatory and Punitive Damages for the Tort of Battery
An injured person files a personal injury lawsuit with the expectation of being compensated for the harm caused by the defendant’s actions. For the tort of battery, the plaintiff may recover compensatory damages for the harmful or offensive contact, including pain and suffering, medical bills, and lost wages.
Punitive damages may also be available as battery is an intentional tort. Punitive damages are not compensatory in nature. Rather, punitive damages are designed to punish the defendant for extreme or outrageous behavior and to deter similar behavior in the future. Whether a plaintiff recovers any type of damages in a battery lawsuit will depend on the specific facts of the case.
Personal Injury Attorneys
Every tort claim is subject to statutory time limits. For that reason, anyone who believes he or she has a personal injury claim for the tort of battery should consult with an attorney in his or her local area as soon as possible to protect his or her rights.
Disclaimer: This article is in no way intended as legal advice. For help with specific legal issues, one should contact a licensed attorney in one’s local area.
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