Also known as: harmful contact · offensive contact · battery contact element
Written by attorneys · grounded in primary & secondary sources — see below
Physical contact with another's person that either causes actual injury, pain, or physical impairment or that offends a reasonable sense of personal dignity.
Hector Hernandez, a stage manager, seized Hope Howard by the shoulders and shook her vigorously after she missed a cue. Hope immediately felt sharp neck pain that radiated into her shoulders and later required medical treatment for muscle strain. The contact produced a physical impairment that prevented Hope from rehearsing for several days.
Hamid Hassan rushed through a narrow backstage corridor and caused Hana Huang to stumble against equipment. Hana sustained bruises and ongoing shoulder pain that limited her mobility. The resulting impairment qualified as harmful contact even though Hamid never touched her directly.
Select any source to read its text and confirm it supports the definition.
Hassan Hakim raised a heavy flashlight and began swinging it toward Helena Hoffman's shoulder while shouting a threat. Helena froze, anticipating an immediate blow. The gesture created an offensive contact once the intent element was satisfied even though the swing stopped short.
Helena Hoffman swung a pitchfork in a short arc that stopped a foot from Hamid Hassan's torso while yelling a direct threat. Hamid gasped and froze in immediate apprehension. The near-miss contact offended a reasonable sense of personal dignity under the circumstances.
Hope Howard raised a heavy laptop over her head and struck Hector Hernandez on the arm while shouting that she would smash it into his face. Hector felt the blow and cowered. The contact produced an offensive touching that violated his sense of personal dignity even though coworkers intervened before further injury.
Hana Huang retrieved a sharpened hay hook and thrust it toward Francis's midsection, making glancing contact with his shirt. Francis felt the hook tug his clothing and realized the attempt only after it occurred. The resulting offensive contact satisfied the element despite initial lack of awareness.
Harmful contact causes actual injury, pain, or physical impairment of the body. Offensive contact instead violates a reasonable sense of personal dignity even without physical injury. Both satisfy the contact element of battery when the other requirements are met.
Supporting sources
No. The contact may occur directly or indirectly so long as it affects the plaintiff's person or something connected to it. Courts treat objects held by or attached to the plaintiff as part of the person for this purpose.
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Yes. Intent exists if the child knows with substantial certainty that the contact will occur, even without desiring the resulting injury. The focus remains on the actor's awareness rather than age alone.
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Yes. Contact is offensive if the plaintiff has not expressly or impliedly consented to it. Lack of consent helps establish that the contact would offend a reasonable sense of personal dignity.
Supporting sources
…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 other or a third person, and “(b) the contact is not consented to by the other or the other’s consent thereto is procured by fraud or duress, and “…