Civil Battery In General
Do you need the services of a competent personal injury attorney in Southern California including Los Angeles and Orange County as the result of a civil battery? The lawyer in our Orange County office has experience with civil assault & battery actions. If you have been injured as a result of a civil battery you should consult an attorney in order to make sure that your legal rights are protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a personal injury action. If you require the services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
Civil Battery General Rule: Battery-One who intentionally causes contact upon the body of another that is harmful or offensive, unless privileged, has committed the tort of battery.
1. intend to cause contact upon the body of another
2. cause bodily contact
3. harmful or offensive
4. unless privileged Battery-intention infliction of harmful bodily contact -the least touching of another in anger
There is not uniformity for the definition Anything intimately connected with the body as to be deemed in effect part of the body
(Definition) Intent-one has the intent to cause a particular result if he/she (A) desires that result or (B) knows to be a substantial certainty, that it will occur. Courts are free to reject restatement of law.
*IMPORTANT* The privilege of consent-An intentional invasion of another’s interest is privileged if it was the others consent. -Consent may be expressed (by oral or written agreement) or implied Consent may be implied by:
1. Plaintiff’s conduct-if plaintiff by his/her conduct, has reasonably induced Defendant to believes that the invasion was with Plaintiff’s consent OR
2. Custom-if the invasion is of the type that is under similar circumstances, customarily consented to, unless Plaintiff has informed Defendant, or Defendant, or Defendant is otherwise aware that Plaintiff does not consent (post or present) offensive contact if it offends Plaintiff absent an indication to the contrary (other courts)
A conduct cannot be offensive unless it would offend a reasonable person offensive without privilege (some courts). There is an interrelationship between consent & custom.
Hypo 1: Assume someone is being chased to avoid being murdered & pushes someone out the way in order to set away? Defendant would have to prove that under similar circumstances Plaintiff would customarily consent to being pushed
Hypo 2: Shake hands with someone they extend their hand & give you a death grip. What was consented to was ordinary force but not excessive force. -The handshake was consented to, not the consequence
Hypo 3: You intended to cause contact upon person but mistaken to their identity if you intend to cause contact mistake as to identify is irrelevant.
General Rule: When consent is not valid:
1. When obtained by fraud. Fraud is an intentional misrepresentation ordinarily there is no fraud through silence unless there is a duty to disclose ordinarily even it is criminal & it was consented to there is no tort.
2. When defendant’s contact is made criminal in order to protect a vulnerable class of people to Plaintiff is a member of that class. Ordinarily minor under 18 consent is not valid for medical treatment unless emergency. If parents are incompetent , if minor is sufficiently mature to understand consequences of treatment minors consent is ok (ex: abortion).
Do you need the services of a competent personal injury attorney in Southern California including Los Angeles and Orange County? The lawyer in our Orange County office has experience with civil tort actions including personal injury law. If you have been injured or civilly wronged by someone and have sustained damages as a result you should consult an attorney in order to make sure that your legal rights are protected. The lawyer in our office would be happy to assist you with your civil legal problem such as a personal injury action. If you require the services of an experienced attorney, please feel free to contact a personal injury lawyer in our Orange County office for a consultation regarding your legal issue.
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