Assault / Battery: Injured
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Assault and Battery

Assault and Battery are not just areas of criminal law-they're also part of tort law. This means that you might be able to bring personal injury lawsuits if you've been the victim of assault or battery. Although quite similar, assault and battery have some subtle differences. Assault is an intentional threat or attempt to inflict injury on a person, whereas battery is the intentional touching of, or application of force to, the body of another person, in a harmful or offensive manner, and without consent.

The one major difference between assault or battery as a crime and as a tort lies in the burden of proof. In a criminal case, the jury would have to find the defendant guilty beyond a reasonable doubt. In a tort case, also called a civil case, the burden of proof is preponderance of evidence.

Recently in Assault / Battery Category

Liability in a Bar Fight

Most nights out are fairly uneventful — you have a few beers, a few laughs, and you make it home safe. Other nights, not so much.

Depending on the kinds of watering holes you frequent, bar fights are relatively rare, as are bar fight injuries. But what happens if you get caught up in a brawl and get hurt? Who’s liable for your injuries in a bar fight?

Movie buffs can barely contain their excitement for the upcoming all-female "Ghostbusters" reboot. Turns out law enforcement officials in Boston might be thankful for the film as well.

A woman who was shoved to the street in Boston on Wednesday passed away yesterday, and officers think they found the person responsible, thanks to a cameraman working on the movie.

Summer is here, and many parents will be dropping their kids off at camp for a week or two. Parents trust camps with their children's safety, and a California court has ruled that relationship creates a duty for camps to disclose suspected molestation by camp employees.

The case involved allegations of sexual misconduct by Keith Edward Woodhouse during his time at the Camp on the Hill, a summer camp for first through sixth graders. Despite reports that Woodhouse may have molested a young female camper, the camp never informed the girl's parents. The court found that, because camps sit "in loco parentis," they owe a duty to report suspected abuse to parents.

Stories of bullying in the school yard are in the news all too often. Just last month, a 12-year old boy with Asperger's syndrome was beaten so severely, he had to be hospitalized with a jawline fracture, fractured skull, and ear damage.

Often, victims' parents sue the school districts that failed to protect their students or the actual bullies. However, can parents of the bullies also be sued?

How Do You Prove Assault in Civil Court?

The word “assault” most likely brings to mind a criminal act. And while assault certainly can be charged as a criminal violation, it may also be the grounds for a lawsuit in civil court.

When it comes to proving an assault, there may be an even more pervasive misconception: that an assault requires some form of physical violence or contact. On the contrary, a person may be liable for assault even where no actual physical contact has taken place.

With that being said, what are the requirements for proving assault in civil court? Here’s a general overview:

If you're injured while incarcerated in prison or jail, can you still sue for your injuries?

There are remedies in both state and federal courts for injuries incurred by inmates, but depending on the cause of the injury, you may be confined to certain legal avenues.

Consider the following ways in which an inmate can sue for injuries in jail or prison:

Sometimes when you are injured and your property is damaged, you may not know the identity of the culprit. But just because the person responsible is unknown doesn't mean you can't sue.

The American legal system is actually set up to handle lawsuits where many (or all) of the defendants' identities are a mystery. It may make your case less likely to be a success, but not knowing a name or address isn't a fatal blow to a civil lawsuit.

So how can you still sue if you don't know who injured you?

If You're Injured in a Fight, Can You Sue?

Can you sue for being injured in a fight?

No matter how hard you may try to avoid it, there's always the chance that you may, at some point, be involved in a fight. And any time fists begin to fly, the odds that someone will be injured increase rapidly.

From black eyes to serious brain injuries, fights can lead to a whole host of injuries. But legally speaking, what can you do if you've suffered an injury from a physical confrontation? Here are a few points to consider:

Can a 'Surprise' Ice Bucket Challenge Get You Sued?

The "Ice Bucket Challenge," ostensibly a way to raise awareness and funds for treatment of the disease ALS, has taken on a life of its own.

The challenge -- which involves having a bucket of ice-cold water poured over your head on video, then challenging others to do the same -- has been performed by celebrities, star athletes, and even former presidents, helping it become a viral sensation online. But as its popularity has increased, so too have the number of less-noble versions of the challenge, in which unsuspecting individuals are "challenged" with little or no notice, such as this video of "Top Gear" host Jeremy Clarkson getting surprised by a bucket of ice after being woken from a nap. While these surprise cold-water dousings may make great fodder for online videos, they may make also make great fodder for lawsuits.

What can go wrong if you drop a surprise ice bucket challenge on someone?

It may be frustrating when police or prosecutors don't take action when someone has wronged you, but you have rights to recover in civil court.

Even if an investigation has cleared someone of criminal liability, you can still sue that person for the damages they're responsible for. Pop star Justin Bieber recently learned this the hard way after being slapped with a civil suit over an alleged hit-and-run in 2013, after police determined no crime had been committed.

Here are three common ways to sue for damage or injuries that may not rise to the level of criminal culpability: