Written by attorneys · grounded in primary & secondary sources — see below
A physical impairment of the condition of another's body or physical pain or illness that occurs as a direct or indirect result of an actor's intentional act.
Sources & Authorities
How it applies
Common Examples
3
Scanner Press Leaves Bruise
During a heated exchange at Bridge Works, Bianca grabbed a handheld scanner and pressed it firmly against Percy's chest. The pressure produced visible bruising on his sternum and aggravated a preexisting heart condition. Percy later sued Bianca for battery.
Chair Pull Causes Fall
Five-year-old Brian pulled a chair out from under Ruth Garratt as she prepared to sit in the yard. Ruth fell and sustained a fractured hip. Ruth sued Brian and his parents for battery.
Select any source to read its text and confirm it supports the definition.
Restatements
Casebooks
Garratt v. Dailey49 Wash.2d 499, 304 P.2d 681 (1956)
Pitcher Throws Ball at Batter
Pitcher David Grimsley threw a baseball at batter Manning during a game. The ball struck Manning in the head, causing injury. Manning sued Grimsley for battery.
Manning v. Grimsley643 F.2d 20 (1st Cir.1981)
Common questions
Frequently Asked
3
What constitutes harmful contact under the Restatement definition of battery?+
Harmful contact exists when an actor's intentional act produces any physical impairment of the body or causes physical pain or illness. The contact may occur directly or indirectly. Visible bruising or a resulting medical condition such as a concussion or sprain satisfies the requirement.
Supporting sources
Does the actor need to intend the specific injury that results?+
No. The intent element requires only purpose to cause a harmful or offensive contact or apprehension of such contact. Once that intent and resulting harmful contact are shown, the actor is liable for all consequences that flow from the contact.
Supporting sources
Can indirect contact still qualify as harmful contact?+
Yes. The Restatement explicitly provides that harmful contact may result directly or indirectly from the actor's act. A push that causes the plaintiff to strike a table and suffer a sprain, or a grab that triggers a preexisting condition, satisfies the element.
Supporting sources
49 Wash. 2d 499, 304 P.2d 681 (1956)Torts
…for battery is given in 1 Restatement, Torts, 29, § 13, as: “An act which, directly or indirectly, is the legal cause of a harmful contact with another’s person makes the actor liable to the other, if “(a) the act is done with the intention of bringing about a harmful or offensive contact or an apprehension thereof to the…