Liability and Tort of Battery

Unwanted touching of another person is against the law except in cases of reasonable self-defense. If you’ve been attacked or physically violated by another individual, you may file a police report to try to have the wrongdoer sent to jail; however, you may also have other legal options for punishment in civil court, and one of these is a lawsuit for battery.
Battery is defined as “intentionally and voluntarily bringing about an unwanted, injurious, or offensive touching of an individual.” This is in contrast to the tort of assault, as battery consists of real physical contact; the essence of battery is not the aggressor’s hostile intent, but rather the victim’s lack of consent to the contact. In fact, intent to do harm is not absolutely necessary to establish a battery claim. For the defendant in such a case, consent is an effective defense only if it was knowingly given by the plaintiff, as consent that is acquired by fraud or concealment is, of course, invalid.
Both a conduct element and a mental element are required to demonstrate battery:
1) The target must have been physically contacted, whether by the attacker or an object or weapon used by the attacker, such as a gun, blunt object, or even a vehicle.
2) The defendant intended to perform the act and intended to cause harm in some manner.
It’s also important to note that “damages,” in the traditional sense, are not always a necessary element, as the tort of battery exists to protect not only a person’s physical well-being, but also his/her integrity. Perhaps this is best exemplified by Professor William Prosser in a quote from Paul v. Holbrook, 696 So. 2d 1311(Fla. 5th DCA 1997):
“With regard to battery, the element of personal indignity involved always has been given considerable weight. Consequently, the defendant is liable not only for contact which does actual harm, but also for those relatively trivial ones which are merely offensive and insulting.
“Proof of the technical invasion of the integrity of the plaintiff’s person by even an entirely harmless, but offensive contact entitles the plaintiff to vindication of the legal right by an award of nominal damages, and the establishment of the tort cause of action entitles the plaintiff also to compensation for the resulting mental disturbance, such as fright, revulsion or humiliation.”
If you or a loved one has been a victim of battery on another person’s or entity’s property, contact America’s Consumer Lawyer for a free consultation. We are a Chicago-based injury law firm representing individuals (and their families) who have suffered an injury in an accident. We will handle your case quickly and advise you every step of the way, and we will not hesitate to go to trial for you. Lastly, America’s Consumer Lawyer is not paid attorneys’ fees unless we win your case. Our no-fee promise is that simple. You have nothing to risk when you hire us – only the opportunity to seek justice.