Tortious Battery in the US
Battery has several elements that must be met in order to have a civil action against another person. The following factors must be met:
- It must be a volitional and
- intentional act that causes
- This can be intent to cause the tort, or
- A substantial certainty that the tort would occur.
- Note: Intent for the consequences is irrelevant, all that is required
is intent for the contact..
- harmful or offensive contact
- with the Plaintiff's person.
- Under Fisher v. Carrousel it is not required that you touch the
plaintiff but merely anything connected with the plaintiff such
as a plate s/he is holding or even something as large as a car s/he
is driving.
If you cannot meet these elements, but were still injured and want to
recover, then you may try to prove that the
injury occured because of
negligence.
Note: The person who commits the tort is known as a tortfeasor.