Defenses to Intentional Torts 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 an intentional tort? Did someone unlawfully beat you up? There are civil remedies available for you. 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.
There are legal defenses to Intentional torts which may applicable to torts such as assault, battery, Intentional Infliction of Emotional Distress (IIED), trespass torts (trespass to land, conversion, and trespass to chattels), false imrpisonment and the like.
The privilege of self-defense-one is privileged to commit what would otherwise be an intentional tort upon another if he/she reasonably believes such force is necessary to prevent the other (person same as another) from committing an imminent battery or false imprisonment upon himself/herself. One may use deadly force (force likely or intended to cause death or serious bodily harm) only if he/she reasonably believes the other will imminently use deadly force upon himself/herself. *Majority rule defendant is not required to retreat mistaken identity has no relevance to intent but can create a privilege (self-defense)
The privilege of defense of property-one is privileged to commit what would otherwise be an intentional tort upon another if he/she reasonably believes such force (short of deadly force) is necessary to prevent or terminate the others trespass to his/her hand or chattels (unless the others’ entry or interference was privileged) or unless the Plaintiff unreasonably caused the Defendant to believe he wasn’t privileged. Any force can be excessive (should have warned them)
1) Reasonably believe that the force you use is necessary to prevent a battery. 2) Reasonably believe that the force isn’t excessive. Warning that force will be used is not the same as excessive force
The privilege of recapture of chattels-one is privileged to commit in fresh pursuit what would otherwise be an intentional tort upon another if the other has tortiously taken his/her chattel & he/she reasonably believes such force (short of deadly force) is necessary to recapture the chattel. Is it customary to consent to this type of conduct? If the other person was privileged to trespass you lose your privilege of self defense. Property is lesser than battery in regards to privilege as a defense.
The privilege of prevention of a dangerous felony-one is privileged to commit what would otherwise be an intentional tort upon another if he/she reasonably believes such force (including deadly force) is necessary to prevent to commission of a dangerous felony or his/her premises.
Dangerous felony-one which poses a substantial risk of death or serious bodily harm to others
The privilege of defense of others-one would otherwise be an intentional tort upon another to prevent the other from committing an intentional tort upon a third person if the third person would have been privileged to use such force. -Mistake is not a defense
Many courts say that one is privileged if he/she reasonably believes such force is necessary to prevent the other from committing an imminent battery or false imprisonment upon the third person (irrespectively of whether the third person would have been privileged to use such force). -Courts say you step in the shoes of the person you are protecting. No more & no less
Shopkeepers privilege-one who reasonably believes that another has tortuiously taken a chattel upon his/her premises is privileged to detain the other for the time necessary for a reasonable investigation of facts.
Many courts say limited to merchant can use reasonable force to detain. Do you have a right to search? Some courts say there is no right to search, other courts say there is limited right to search immediate vicinity RULE
The privilege of private necessity-one is conditionally privileged to commit what would otherwise be a trespass to land, trespass to chattels, or conversion if he/she reasonably believes such force is necessary to prevent a greater inquiry. Limited liability Limited privilege to the listed items (not battery) conditional is-even though you are privileged you are required to pay for the land damaged or the chattels intentionally interfered with. Once justified can use reasonable force to retain my privilege. Prevents the doctrine of transferred intent for inadvertent injury.
read more
