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

A Stanford graduate student has filed a lawsuit against the school, claiming it failed to properly respond to multiple allegations of violence and sexual assault concerning another student, allowing him to prey on at least four female students during his undergraduate years.

The lawsuit also claims that, when Stanford finally found the student responsible for "serious sexual misconduct" in 2014 (three years after his first reported assault) the school failed to enforce its own campus ban on the student, referred to as "Mr. X" in the lawsuit, and that he had been seen back on campus as recently as February.

Whether you call it fake news or conspiracy theory, allegations of imagined crimes can have very real consequences. Take the case of Edgar Welch, a father of two who drove six hours from his home in North Carolina to a Washington, D.C.-area pizza restaurant to investigate unfounded claims that it was involved in a child sex-slave ring led by former presidential candidate Hillary Clinton.

Welch's investigation involved walking into the popular pizzeria with a loaded AR-15 assault rifle and firing it inside the restaurant. Fortunately, he was arrested before anyone was injured, but his actions, and those of others who bought into the "Pizzagate" myth, have many wondering about the legal liability for publishers of fake news.

It can be one of the most painful injuries imaginable. And of course it's right in the middle of your face. A broken nose can be an expensive injury as well, between immediate medical care, missed time at work, and any reconstructive surgery that might be necessary.

Generally speaking, a broken nose can either be the result of an accident, or an intentional act. And in either case you may be able to sue for your injuries. Here's a look at how.

Doctors have recently observed that domestic violence survivors are prone to the same neurological condition that retired NFL players are suffering: CTE. Chronic traumatic encephalopathy is a degenerative condition that causes cognitive decline, loss of muscle and emotional control, headaches, memory loss, and more. CTE is understood to be caused by repeated blows to the head.

While CTE would seem to primarily affect athletes who play contact sports, the results, showing that domestic violence victims frequently suffer from the same condition at similar or higher rates, are troubling. Studies have shown that 60 percent of domestic assault victims are diagnosed with traumatic brain injuries.

Joyce Little-Thomas was recovering from respiratory treatment at Select Specialty Hospital in 2009 when she was sexually assaulted and raped by Warren Butler, a certified nursing assistant at the facility. Little-Thomas sued the Augusta-based hospital for negligent hiring, retention, and supervision of Butler, on the grounds that the hospital knew he could be a danger to patients and did nothing.

Her lawsuit was finally settled last month, on the eve of trial, with Select Specialty paying an undisclosed amount to avoid a trial. So how is the hospital on the hook for its employees' actions? Here's a look.

Knowing a man who made threats against your family is being released from custody is a pretty good reason to have a home security system installed. Unfortunately for 64-year-old Michael Martin and 51-year-old Ricky Lee Anderson, the installation did not come soon enough. They were killed by Brandon Willie Martin (Martin's son and Anderson's nephew) in a vicious attack that also claimed the life of 62-year-old Barry Swanson, who, tragically, was at Martin's house installing a home security system at the time.

Now, the victims' children are suing ADT, claiming the home security company and its subcontractor Home Defender Inc. knew the attack was happening and failed to alert authorities. But do security system companies, or anyone else for that matter, have an obligation to report an emergency?

Seattle has become known for its anti-capitalist protests over the last decade, and many were predicting that the 2016 May Day protests could turn ugly. Organizers even warned participants on Facebook to “be prepared for violent police repression (pepper spray, flash bang grenades, tear gas, beatings, arrests, etc.).” They were right about the flash bang grenades — one exploded near a man filming the protest, sending shrapnel through his face and opening up a gash on his cheek.

Now the man is suing the City of Seattle and members of the Seattle Police Department over his injuries. Here’s a look at the case.

Guns can do a lot of damage. Whether unintentional or intentional, gunshot wounds can be catastrophic. And while the criminal justice system can punish some people for purposefully or recklessly shooting another person, that may not cover accidental shootings and may not cover the true cost of gunshot injuries.

In order to hold someone responsible for a shooting, you may need to turn to a civil lawsuit, but against whom? And what are the legal theories for liability in gunshot injury cases?

While most battery cases are handled in criminal courts, if prosecutors are unwilling or unable to bring a case, you may be able to sue someone in civil court for battery. Battery is generally defined as the intentional touching of another person in a harmful or offensive manner, without consent. But a seemingly straightforward battery claim can be surprisingly complicated.

Here’s a simple guide to battery lawsuits:

Most cases of assault are handled by criminal courts, through trials, fines, and jail sentences. And while that may serve to punish the person who committed the assault, it doesn't always address the needs of the victim. That is left to the civil courts.

Yes, assault victims can sue for money. But how much can they get?