Also known as:physical injuries · physically injured · physically injuring · bodily injury
Written by attorneys · grounded in primary & secondary sources — see below
Physical damage to a person's body caused by external force or trauma. The harm must be tangible and corporeal rather than purely emotional or economic.
Sources & Authorities
How it applies
Common Examples
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Robbery Force Requirement
Pedro Pacheco grabbed Pamela Phillips's purse and yanked it from her shoulder with enough strength to pull her to the ground and bruise her arm. The force overcame her resistance and produced visible bruising. Because the taking was accomplished by force that caused physical injury, the conduct satisfies the element for robbery.
Robbery Intimidation Element
Preston Pratt approached Pavel Petrov on a dark street and brandished a knife while demanding his wallet. Petrov reasonably feared immediate serious bodily injury and surrendered the wallet. The threat of serious physical injury supplied the intimidation element required for robbery.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
After Parker Phillips negligently struck Priya Prasad with his car, fracturing her leg, an ambulance attendant dropped her stretcher and broke her arm. The negligent actor remains liable for the additional physical injury that resulted from normal efforts to render aid.
Implied Malice Through Injury
Pamela Phillips deliberately stabbed Pedro Pacheco multiple times with a kitchen knife during an argument, intending to cause great bodily injury. The deliberate intent to inflict great physical injury supplies implied malice for a murder charge.
Assault By Bodily Injury
Pavel Petrov swung a baseball bat at Preston Pratt and struck him across the back, causing bruises and a cracked rib. The purposeful infliction of bodily injury satisfies the elements of simple assault.
Deadly Weapon Inference
Priya Prasad intentionally struck Parker Phillips in the head with a heavy metal pipe during a fight. The factfinder may infer intent to kill from the intentional use of an instrument calculated to cause serious physical injury.
Common questions
Frequently Asked
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How does physical injury differ from serious bodily injury?+
Physical injury refers to any tangible damage to the body. Serious bodily injury requires a substantial risk of death, permanent disfigurement, or protracted loss or impairment of a bodily function or organ.
Can threats of property damage satisfy the physical injury requirement in robbery?+
No. Threats must involve an immediate risk of death or serious physical injury to the victim or a person in the victim's presence. Threats limited to property damage do not qualify unless the threat is to destroy the victim's dwelling.
Does a negligent actor remain liable for additional physical injury caused by third-party aid?+
Yes. When a negligent actor is liable for bodily injury, liability extends to additional harm resulting from normal efforts of third persons to render aid, even if those efforts are performed negligently.
What mental state toward physical injury supports implied malice?+
A deliberate intent to inflict great bodily injury on another constitutes implied malice. The factfinder may also infer intent to kill from the intentional use of a deadly weapon in a manner likely to cause death or serious physical injury.
505 U.S. 833, 112 S. Ct. 2791, 120 L. Ed. 2d 674 (1992)Constitutional Law
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