Also known as: physical harms · bodily harm · bodily injury
Written by attorneys · grounded in primary & secondary sources — see below
Physical impairment of the condition of another's body, or physical pain or illness. This category of injury supplies the basis for liability or enhanced culpability in multiple doctrinal settings when caused by specified conduct.
Patrick Phan swung a heavy metal object at Priscilla Parks's head during an argument at a crowded event. The blow fractured her skull and caused fatal brain trauma. The resulting physical harm supplied the basis for inferring the mental state required for common-law murder.
Peter Park approached Penelope Price in a parking garage and demanded her wallet while pointing a gun at her torso. The threat placed her in immediate fear of serious physical harm. That fear element completed the robbery offense under the applicable statute.
A lawyer learned that a client planned to release a toxic substance that would cause substantial bodily harm to nearby residents. The lawyer disclosed the information to authorities. The disclosure was permitted because it was necessary to prevent reasonably certain physical harm.
Select any source to read its text and confirm it supports the definition.
Pinnacle Holdings leased an apartment to Parker Phillips without revealing that the balcony railing was rotted through. Parker Phillips fell through the railing and suffered broken bones. The physical harm caused by the concealed condition exposed the landlord to liability to the tenant.
Patricia Patel struck Pioneer Energy's employee in the face with a closed fist during a workplace dispute. The blow caused a concussion and lasting vision impairment. The resulting physical harm satisfied the injury element for battery liability.
Priscilla Parks left a loaded firearm accessible to a child after ignoring repeated warnings about safe storage. The child accidentally discharged the weapon, killing a visiting neighbor. The death resulted from criminal negligence that created a high risk of serious physical harm and supported an involuntary-manslaughter charge.
No. Physical harm encompasses any physical impairment of the body as well as physical pain or illness, whether temporary or permanent.
Physical harm requires impairment of the body, pain, or illness. Pure emotional distress without accompanying physical effects does not qualify.
A landlord is liable when the landlord conceals or fails to disclose a condition involving an unreasonable risk of physical harm that the tenant neither knows nor has reason to know, provided the landlord knows or has reason to know of the risk.
No. The provision is satisfied when the defendant threatens another with or purposely puts the victim in fear of immediate serious bodily injury, even without actual contact.
…of the Restatement of Torts that where a lessor agrees to keep the premises let in good repair, he is subject to liability for bodily harm caused to the lessee and others on the land with his consent by a condition of disrepair. True, the suit in Faber was in tort while this one is in contract. But it cannot be overlooked…