Also known as: battery · batteries · civil battery
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort by which an actor is subject to liability for causing a harmful or offensive contact with the person of another through an act done with the intent to cause such contact or an imminent apprehension of it. The contact may occur directly or indirectly and need not produce physical injury if it offends a reasonable sense of personal dignity.
Timothy Tang repeatedly jabbed his index finger into Tonya Takahashi's chest with increasing force while shouting accusations on a crowded trading floor. Tonya felt each jab as an offensive invasion of her person. Timothy persisted after a warning and raised his hand again. The contact satisfied the elements of battery because it was intentional and offensive.
Tanya Tang grabbed Tristan Thompson's phone while he recorded her work on vehicle brakes. Tristan fell backward from the sudden contact and suffered a back injury. The grab was an intentional act that produced harmful bodily contact. Tristan therefore stated a claim for battery against Tanya.
Select any source to read its text and confirm it supports the definition.
Tamara Tan seized Tristan Thompson's raised arm and twisted it behind his back during an argument outside a courtroom. The force caused a diagnosed shoulder strain. Because the push was an intentional harmful contact, Tamara committed a battery even though she claimed self-defense.
Talia Torres climbed a locked fence into Dominic's storage yard to retrieve a tool. The guard dog chained inside lunged and bit her leg, causing deep lacerations. The dog's trained attack produced harmful contact directly resulting from Dominic's intentional placement of the animal. Dominic therefore faced liability for battery.
Timothy Tang swerved his cafeteria tray to avoid a wall and the tray struck Tamara Tan in the head twenty feet away. Tamara suffered a concussion. Because Timothy's act of steering the tray was intentional and produced harmful contact, Tamara stated a battery claim even though Timothy did not aim at her.
Tonya Takahashi seized Tristan Thompson's shoulders and pushed him backward after he jabbed her chest repeatedly. Tristan stumbled into a partition and suffered minor cuts. The push was an intentional offensive contact that caused bodily harm, rendering Tonya liable for battery despite her claim of privilege.
The actor must intend to cause a harmful or offensive contact or an imminent apprehension of such contact. Intent exists when the actor desires the contact or knows with substantial certainty that it will result. The resulting harm need not be intended.
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No. Liability arises from any harmful or offensive contact that offends a reasonable sense of personal dignity. Minor or indirect touching suffices if it is unconsented and unprivileged.
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Yes. A child possesses the requisite intent if the child knows with substantial certainty that harmful or offensive contact will occur. The age of the actor does not automatically negate intent.
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Yes. Consent renders the contact privileged. The privilege is lost if the actor exceeds the scope of consent or uses the contact as a pretext for aggression rather than protection.
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…must be understood. That right presupposes no abandonment of the desire for life. Nor is it reducible to a protection against batteries undertaken in the name of treatment, or to a guarantee against the infliction of bodily discomfort. Choices about death touch the core of liberty. Our duty, and the concomitant freedom, to…