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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Q:
My Neighbor Punched Me Because He Was Angry With Me. He Broke My Nose. What Type Of Personal Injury Claim Could I Initiate?
A: 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 …
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Does The Other Person Have A Personal Injury Claim If I Punch Them Back?
A: 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 …
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Q:
What If The Person Wanted To Punch Someone Else, But Instead Punched Me?
A: 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, …
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Q:
Do I Have A Claim If A Person Waives A Bat Or Knife At Me In A Threatening Manner?
A: 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, …
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Q:
What If The Person Only Used Threatening Words?
A: 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 …
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Q:
Can I Sue Someone For A Personal Injury That I Got While Playing Sports?
A: 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 …
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Q:
What Type Of Personal Injury Lawsuit Is Brought If The Person Injured Later Dies?
A: 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 …
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Personal Injury Sub-categories
