Also known as:harmful bodily contact · offensive bodily contact · battery
Written by attorneys · grounded in primary & secondary sources — see below
Physical contact that injures the body or offends a reasonable sense of personal dignity. The contact must result directly or indirectly from the actor's voluntary act.
Sources & Authorities
How it applies
Common Examples
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Serious Battery as Provocation
Henry Harrison struck his neighbor Hakim Hall with a closed fist during an argument, causing a broken nose and swelling. Hakim immediately retrieved a weapon and killed Henry. The serious nature of the initial blow supplied adequate provocation that reduced the killing from murder to voluntary manslaughter.
Intentional Harmful Contact
Hana Huang intentionally drove her elbow into Hector Hernandez's ribs while passing him on a crowded sidewalk. The blow fractured two ribs and caused internal bruising. Hector may recover for battery even though Hana did not intend the precise extent of the injury.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Common Law
Restatements
Study Supplements
Hunter Hughes lightly tapped Hannah Hughes on the shoulder to get her attention in a noisy room. The touch caused no pain or injury and would not offend a reasonable sense of dignity. The contact therefore supplies no basis for a battery claim.
Direct Act Requirement
Hakim Hall swung a broom handle that struck Hector Hernandez in the leg after the handle slipped from Hakim's grasp. Because the contact resulted from Hakim's own voluntary act, the element of causation for battery is satisfied.
Serious Battery Recognition
Helios Energy employee Henry Harrison suffered repeated punches from a coworker during a workplace dispute. The resulting broken jaw and concussion constituted the type of serious battery that courts recognize as adequate provocation in a subsequent homicide prosecution.
Offensive Contact Without Harm
Highland Farms supervisor Hunter Hughes deliberately flicked a wet rag at Hana Huang's face during a shift dispute. The contact caused no physical injury but offended a reasonable sense of personal dignity. Hana may recover for battery even though the actor did not intend bodily harm.
Common questions
Frequently Asked
4
What distinguishes harmful from offensive bodily contact?+
Harmful contact produces physical injury or impairment. Offensive contact need not cause injury but must violate a reasonable sense of personal dignity.
Supporting sources
Does battery require intent to cause actual injury?+
No. Liability attaches when the actor intends only an offensive contact that in fact occurs, even without intent to produce harm.
Supporting sources
Can words alone constitute harmful or offensive bodily contact?+
No. The contact itself must be physical. Mere words, however insulting, do not satisfy the element.
Supporting sources
Must the contact be direct or can it be indirect?+
The contact may be indirect so long as it results from the actor's voluntary act, such as throwing an object that strikes the plaintiff.
Supporting sources
497 U.S. 261, 277 (1990)Constitutional Law
…life-sustaining treatment from her under these circumstances. At common law, even the most beneficent act of a physician is a battery if performed without the patient’s consent. Schloendorff v. Society of New York Hospital , 211 N. Y. 125, 129-130, 105 N. E. 92, 93 (1914). The logical corollary of the doctrine of…
TortsIntentional torts · Harms to the person and property interests (assault, battery, false imprisonment, infliction of mental distress, trespass to land and chattels, conversion)UBEIntermediate