What type of contact is required in order to have a claim?
One element of a battery claim is a “harmful or offensive contact.” A harmful contact normally occurs when the defendant physically attacks the plaintiff causing an injury. Examples of a harmful contact typically include a punch, kick, a thrown object, or any type of strike. An offensive contact however, is a contact that is considered offensive by the average everyday person. Examples of an offensive contact include being spit upon, being kissed by a stranger, or being pushed. In addition, person to person contact is not required to have a claim for a battery. For example, if someone knocked a hat off your head or struck you with a car, then that is still considered a harmful or offensive contact and will qualify as a battery.
Other Assault and Battery FAQs
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My neighbor punched me because he was angry with me. He broke my nose. What type of personal injury claim could I initiate?
Most likely, your claim would be based upon the concept of battery. Battery is the legal term used when someone hits someone else without a legal defense like … more -
Does the other person have a personal injury claim if I punch them back?
No. Self-defense is generally allowed to protect yourself, and others, if you act in a reasonable manner. But, the force that you use must be equal to the force … more -
What if the person wanted to punch someone else, but instead punched me?
Under the doctrine of “transferred intent,” that person will still be liable for your personal injuries if he intended to make contact with another person, … more -
Do I have a claim if a person waives a bat or knife at me in a threatening manner?
You may have a claim for “assault” which does not require any contact. Unlike battery, an assault requires no actual contact with another person. Instead, … more -
What if the person only used threatening words?
Generally, words alone do not constitute an assault without a physical threat. However, threatening words hardly exist in a vacuum. The court may take all factors into … more -
Can I sue someone for a personal injury that I got while playing sports?
Generally, no. If you agree to a play a sport where contact is obviously a requirement or unavoidable, then you have “consented” to the contact. For … more -
What type of personal injury lawsuit is brought if the person injured later dies?
If a person who suffers an injury due to the carelessness of someone else actually dies, then the family of the dead person has a claim for “wrongful … more
Personal Injury Sub-categories
