Defenses to Civil Battery Tort

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 What Is a Civil Battery?

The legal term “battery” refers to a specific type of criminal charge which involves the unauthorized application of force against another person’s body. The unauthorized application of force results in an offensive touching, or actual physical injury. Importantly, a criminal battery charge may also result in the criminal defendant in the criminal battery case being civilly liable to the party that they caused an injury to.

In other words, the party that is injured as a result of the offensive touching may file a personal injury lawsuit against the party that committed the battery act. Although the exact legal definition of what constitutes a civil battery will vary based on the civil tort laws of each state, in general a civil battery is defined as the intentional act of causing offensive contact or physical harm to a person, without that person’s consent to do so.

Unlike an assault case, the party accused of causing damage to another by committing a battery must actually make contact with the other person in order for a battery to occur. Because battery is broadly defined, battery claims can address a wide variety of actions and injuries.

For example, if a person throws a frisbee at a high speed, and that frisbee comes into contact with the face of a small child, and the small child suffers an actual injury, then the parents or guardian of the child may bring a civil lawsuit against the person who threw the frisbee that injured the child.

Additionally, a personal injury claim based on battery may also occur, even in situations when there is contact with something connected to a person. For example, if an individual is placing sticks on a pathway in a park that people frequently roller skate or ride bicycles on, and the stick that was placed come into contact with the skates or bicycle resulting in an injury, the injured party may still initiate a civil lawsuit based on battery against the party that placed the sticks.

Other common civil battery examples include punching or hitting someone without their consent, grabbing a person aggressively, kissing someone against their will, or spitting on someone.

As far as the specific injuries that may arise as a result of a civil battery, that will vary depending on the circumstances of each individual case. The following list contains examples of common injuries that may result from a civil battery occurring:

  • Bruising or swelling;
  • Cuts and lacerations;
  • Broken bones;
  • Concussions, and in severe cases traumatic brain injuries;
  • Burning or scarring;
  • Injuries that result in emotional distress to the victim of the battery;
  • In rare cases, the wrongful death of the plaintiff.

What Are Some Civil Battery Defenses?

If an injured party chooses to initiate a civil lawsuit based on the intentional tort of civil battery, the defendant of the lawsuit may affirmatively raise legal defenses to have the claim against them dismissed.

As far as the civil battery defenses available to defendants in civil lawsuits, the exact defenses available will largely depend on the specific state laws in which they were sued, as well as whether or not the defendant has an excuse for the alleged battery.

One of the most common legal defenses to a civil battery lawsuit, is that the plaintiff has failed to prove all of the necessary elements of the act of battery. For example, if the civil battery resulted in no damages occurring, such as no actual physical contact occurring, then the defendant may have the civil lawsuit dismissed for failure to state a claim upon which relief can be granted. In other words, there was no evidence of a battery and there was no evidence of any damages, so there is no reason for the lawsuit to continue.

Another common defense to civil battery would be that the defendant was acting in self-defense. Self-defense is a broad term that is used to describe a person’s use of force, including deadly force, in order to protect themselves from an active threat or attack. Self-defense can also describe the use of force in order to protect one’s property from an ongoing robbery or burglary.

Another defense is the defense of others. Defense of others is a legal defense that allows a person who is using such force to do so in order to protect or aid a third party from an active attack. It is important to note that this defense will be heavily dependent on the specific facts of the case.

Another defense would be that the defendant was defending property. Defense of property is an affirmative defense that is used by a person in a lawsuit in order to state that they used reasonable force when protecting their property from harm.

If the defendant can successfully prove that they injured the plaintiff only because they reasonably believed that their property would be harmed if they did not injure them, the defendant may not be held liable for damages even though they admit that they committed a battery.

Other examples of common defenses to civil battery include:

  • The defendant had consent to carry out their actions
    • For example, in a boxing match occurring between two boxers, both fighters are aware of the risk and consent to legal contact with the other boxer;
  • The defendant may argue that there was a lack of intent;
  • The defendant may argue that they were performing a duty, such as when a police officer apprehends a suspected criminal; or
  • The defendant may also argue that the plaintiff assumed the risk.
    • This means that the plaintiff both knew and voluntarily accepted the risks and dangers associated with the conduct, and proceeded to engage in the conduct that resulted in a battery occurring.
    • For example, when a person agrees to play contact sports, they assume the risk of contact occurring.

Once again, if a defendant is able to successfully assert a defense to the claims being brought by the plaintiff, then the case will likely be dismissed by the court.

What Are Some Civil Battery Penalties?

Similar to other civil cases that result in an injury, the plaintiff in a case for civil battery is generally awarded compensatory damages as a means of helping them recover for the injuries that they have suffered.

As such, in an injury claim based on battery, a plaintiff will generally include some form of a damages claim that includes a request for financial compensation from the party that is responsible for causing their injuries.

In general, there are two types of compensatory damage awards, special damages and general damages. Special damages are damages that are intended to restore the injured party to the position they were in before the harm or injury occurred. This most commonly includes damages that can be calculated, such as:

General damages are damages that may be awarded for losses that are not easily determined through monetary calculations, such as losses connected with:

Once again, state laws can vary considerably in terms of compensatory damages. For example, some states place limits on the amount of compensatory damages that may be awarded in an injury claim.

As such, the total amount of damages that is awarded can vary based on state laws, as well as the severity of the battery. Additionally, defendants may face punitive damages, if the court finds that they intended to severely harm the plaintiff. Punitive damages are intended to punish the defendant as a means of preventing the same conduct from happening again in the future.

Do I Need A Lawyer For Civil Battery Defenses?

If you have been sued for civil battery, it is advised that you immediately consult an experienced tort attorney. Your  lawyer can inform you of your legal rights and options according to your state’s specific laws.

Additionally, if there are any applicable civil battery defenses, your attorney can affirmatively raise them on your behalf to have the civil case being brought against you dismissed. Finally, an attorney can also represent your interests in court, as needed.

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