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Assault and Battery | Definition
Assault: A civil assault occurs when there is a reasonable apprehension of an imminent harmful or offensive touching.
Example Scenario 1: While inside a store Bill gets mistaken for a prior shoplifter. He is told to stop or risk the possibility of being tasered. Bill is with his daughter and feared for his safety and that of his 7-year old. This is a civil assault.
Battery: A civil battery occurs when there is an intentional, unlawful and unconsented to, harmful or offensive touching.
Examples of Scenario 1 (cont’d): Bill does what he is told and does not move but the security still tasers him until he falls to the ground unconscious. This is a civil battery.
Note: A civil assault and battery are different than a criminal assault and battery.
Battery | Elements
To establish an injury claim based on a cause of action for battery, the victim must establish all of the following elements:
- That the defendant touched the victim (or caused the plaintiff to be touched) with the intent to harm or offend them;
- That the victim did not consent to the touching;
- That the plaintiff was harmed (or offended); and
- That a reasonable person would have been offended by the touching.
Battery | Rational
A battery is a violation of an individual’s interest in freedom from intentional, unlawful, harmful or offensive contact.
Battery | Employer Liability
An employer may be held liable for an assault and battery committed by an employee while they are acting within the scope of their employment.
Ordaz Law, APC | Assault and Battery
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking an assault and battery, personal injury lawyer in San Diego County. We help victims suffering from a variety of injuries who have sustained their injuries through different assault and battery iinjury-producingincidents.
We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego assault and battery, personal injury lawyer.
We are for Justice no Matter Who it’s for or Against.
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Civil Battery | Security Guard
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