Also known as: tortious batteries · battery
Written by attorneys · grounded in primary & secondary sources — see below
An intentional tort imposing liability on an actor who intends to cause a harmful or offensive contact with the person of another or an imminent apprehension of such contact and such a contact directly or indirectly results.
Thaddeus Tran struck Tiffany Torres across the face with a closed fist during an argument, breaking her nose and causing immediate swelling. The blow was a serious battery that would qualify as adequate provocation under common law rules for reducing murder to voluntary manslaughter. Tiffany later sued Thaddeus in tort for the injuries sustained from the contact.
Tobias Thomas deliberately swung his elbow into Tristan Thompson's ribs while both men reached for the same item on a store shelf. The contact caused bruising and pain. Tristan sued Tobias for tortious battery, alleging the intentional act produced harmful bodily contact.
Select any source to read its text and confirm it supports the definition.
Tiana Tan lightly tapped Tabitha Taylor on the shoulder to get her attention in a crowded hallway. The contact caused no injury or offense beyond momentary surprise. Tabitha could not rely on the tap as adequate provocation to reduce a subsequent killing to voluntary manslaughter because it was a trivial battery.
Triumph Manufacturing's employee pushed a cart that struck Thaddeus Tran in the back while he stood in line at a loading dock. The employee intended the motion that produced the harmful contact. Tran sued the company for battery on a respondeat superior theory.
Tobias Thomas punched Tristan Thompson in the jaw during a heated dispute at a bar, fracturing his cheekbone. The serious battery would qualify as adequate provocation under common law standards frequently recognized by courts. Thompson brought a tort claim against Thomas for the resulting injuries.
Tiffany Torres intentionally flicked water from a glass onto Tiana Tan's face during an argument at a restaurant table. The contact was offensive though it caused no physical injury. Tan sued Torres for battery even though the actor did not intend to produce bodily harm.
The actor must intend to cause a harmful or offensive contact or an imminent apprehension of such contact. Liability follows even if the actor does not intend the resulting harm, provided the contact occurs.
A trivial battery does not constitute adequate provocation under common law rules for voluntary manslaughter. The same contact may still support a civil battery claim if it meets the elements of intent and resulting offensive or harmful contact.
Yes. Liability for battery requires that the harmful bodily contact be caused by an act done by the person whose liability is in question. Indirect causation through an instrumentality controlled by the actor satisfies this requirement.
…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…