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

Preschoolers With Special Needs Abused, Lawsuits Claim

The mother of a preschooler with special needs alleges her 3-year-old child was abused by teachers, and has filed a lawsuit in response.

It's the third such lawsuit against Livonia Public Schools, a district outside Detroit. Two other lawsuits, filed last month, allege that three other children with special needs in the same class were also abused.

Especially disturbing, the suits claim that staff members knew about the abuse but didn't do much to stop it, reports the Observer and Eccentric. To combat the growing concern of children with special needs being abused by teachers and staff members, the suit is calling for a different kind of remedy.

4 Injured in Mardi Gras Shooting: Can They Sue?

It's been a big month for the Big Easy, between the Superbowl and this year's Mardi Gras celebrations. But a Mardi Gras shooting in New Orleans on Saturday could lead to some big lawsuits down the line.

The city's famous French Quarter was packed Saturday for the last weekend of parties before Mardi Gras when shots were fired outside a Bourbon Street nightclub.

Four people were wounded, and police are currently searching for suspects. But will that help the people who were injured?

Road Rage Tips: How to Not Get Shot

Road rage incidents are nothing new, with drivers getting shot at and even getting killed over incidents that could have been easily avoided. If the actors in these cases had utilized some road rage avoidance tips, the situations may have passed without incident.

Instead, seemingly minor disputes have led to serious criminal consequences, including murder and weapons charges.

If you don't want to get shot at this holiday season, here are some road rage tips you should keep in mind:

How to File a TSA Pat-Down Complaint

At some point you've likely experienced a TSA pat-down. And regardless of who performed it, the experience was probably not very enjoyable.

It's true that TSA agents perform the pat-downs to protect our safety. But do they have to be so invasive with their touching?

If you think you have fallen victim to an overzealous TSA agent, here are some steps to filing a complaint with the agency, as provided by the TSA itself:

How to File a Police Taser Lawsuit

Tasers are meant to be a less violent alternative for law enforcement, but the number of police Taser lawsuits indicates there's something else going on.

When compared to a gun, a Taser or stun gun is less dangerous since fewer people die from them. But that doesn't mean the weapons are harmless. They pack a powerful punch, and the barbs Tasers shoot out implant into your skin.

So what do you do if police have unfairly used a Taser on you? A lawsuit may be warranted, but there are a few things to consider first.

Alleged Walmart Shoplifter Dies in Scuffle

A Georgia man is dead after he was suspected of shoplifting at a local Walmart, the Atlanta Journal-Constitution reports.

The man allegedly tried to steal two DVDs from the Walmart in Lithonia, east of Atlanta, during the wee hours of Sunday morning. Store employees spotted the man and two of them, along with a security guard, chased the man down in the parking lot.

When police arrived, the employees were on top of the man. They went to arrest him and then noticed that he was unconscious and bleeding.

How Not to Get Hurt in a Black Friday Stampede

Black Friday sales are a bargain shopper's dream, but every year there are reports of people injured or even killed in Black Friday stampedes, the website Ranker reports.

Shopping after Thanksgiving is as much a tradition for some families as turkey and stuffing. But to make sure everyone comes back home with smiles and bags full of holiday bargains, it's important to take some safety precautions.

Before you head out to hunt for deals, think about how you'll get in and out of the stores without getting caught in a Black Friday stampede. Here are a few tips to avoid injury:

Nurses Caught Abusing Stroke Victim, 98

Home health-care nurses abused an elderly stroke victim in an incident caught on tape, and the suspects may face criminal and civil charges.

The family of the unidentified 98-year-old patient hired private nurses to care for the elderly woman at her home, at a pay rate of $1,300 a day, reports the New York Daily News.

But when the family hired the nurses, they also installed a security camera so that they could monitor her care. What they found on the tape shocked them: Two male nurses were allegedly caught performing sex acts on each other -- and also molesting the bedridden patient.

Pregnant Woman Tased, Sues for Miscarriage

Chicago-resident Cherese Morris was only two months pregnant when police arrested her so forcefully she claims it caused a miscarriage.

Morris says she was talking on her cell phone on the night of the arrest back in 2011. The police treated her roughly during the arrest, 'violently' put her face-down in the back of the squad car and tased her until she passed out, according to the complaint.

Two weeks later, Morris lost her baby. Now she's turned to the legal system for justice.

Philly Cop to be Fired Over Assault on Woman

Assault is not an acceptable way to deal with a situation especially if you're a cop. A Philadelphia officer learned this lesson last week.

Lieutenant Jonathan Josey received a 30-day suspension with intent to fire after an incident that took place on Sunday. A video captured Josey hitting a woman in the face during the Puerto Rican Day Parade. At the time he suspected her of throwing liquid on him although it later became clear she wasn't the one who did it.

Regardless of whether she threw the liquid on him, the Philadelphia Police Commissioner decided that Josey's action would not have been justified.