Battery is intentional, harmful contact by one person against another. Common batteries include beating with the hands, tripping, pushing, as well as more serious actions like stabbing, shooting or otherwise maiming a person with a dangerous instrument. Many, if not all, batteries can involve criminal, as well as civil liability.
What are the elements of a battery case?
A plaintiff must show two elements in a battery case:
Intentional contact with the plaintiff’s body
Injury
Accidental, harmful contact, does not constitute battery. If the contact is accidental, then if there is a claim, it will be a negligence claim.
Person A punches Person B in the mouth without justification. Person A has committed the tort of battery.
Person A punches Person B in the mouth, but they are in a professional boxing match. Person B has consented to being punched in the mouth; there is no battery.
Person A hits Person B with a pipe without justification. Person B grabs a knife and stabs Person A. Person A has committed the tort of battery. Person B was acting in self-defense and has not committed battery.
You are arrested and it turns out the police acted without probable cause. During the arrest, the police officer was rough with you and broke your arm. The police officer may have committed a battery.
Yes. The object is an extension of the aggressor in that the aggressor has intentionally caused it to hit you. So, if someone throws a rock at you and hits you, that is a battery.
