Injured - The FindLaw Accident, Injury and Tort Law Blog

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

For parents and school kids, the thought of being cyberbullied can be frightening, and knowing what to do when it happens can be confusing and difficult.

One Texas parent, after his son was subjected to cruel cyberbullying that turned into a big problem at school, has turned to the newly enacted David's Law, and filed a lawsuit against the cyberbullies and their parents.

Rand Paul Awarded $580K for Injuries After Neighbor's Attack

Sen. Rand Paul's neighbor has been ordered to pay $580,000 in damages and medical expenses after losing the lawsuit Paul brought against him for injuries sustained when he tackled Paul over lawn maintenance issues at their shared property line. This award was on top of the 30 days the neighbor had to spend in jail plus a $10,000 fine and 100 hours of community service after pleading guilty for attacking a member of Congress, even though the argument was over grass and not weed.

Berkeley Must Face Class Action by Protesters

The city of Berkeley, its police chief, and several of its police officers, will be required to face a class action lawsuit brought by protesters that were injured at a recent city council meeting. Though some of the charges brought were dropped, U.S. District Court Judge Jeffrey White kept alive claims that the Berkeley police chief failed to enforce the police department's own rules for policing demonstrations. These rules were recently adopted after violent tactics were used against demonstrators for Black Lives Matter back in 2014. Apparently, police used those same outlawed tactics against those protesting the city's SWAT team training and weapons expo, while in the presence of Police Chief Andrew Greenwood.

Can a Dating Site Be Sued If Your Date Turns Dangerous?

It's hard to meet people these days, which is undoubtedly why there are so many dating apps currently on the market. But what if something goes wrong, like really wrong. Can you sue a dating app or website if your date turns out to be dangerous? Unfortunately, the answer may surprise you.

According to recent investigation into sexual abuse in immigration detention, 1,448 allegations of sexual abuse have been filed against Immigration and Customs Enforcement over the past six years, with 237 allegations of sexual abuse in immigration detention facilities in 2017 alone. One such case in 2014 involved a detention center employee grooming and assaulting a 19-year-old mother in a Pennsylvania ICE facility.

Although any sexual contact between correctional facility staff and people in custody is illegal under federal and state law, the facility is claiming it can't be held liable for the assaults because it is an immigration facility (as opposed to a jail or prison) and that the sexual encounters were consensual.

Dermal Fillers With Side Effects: When Can You Sue?

Dermal Fillers Gone Bad. It happens much more often than you think. Sometimes a qualified medical professional has a cosmetic surgery mishap, leading to negative side effects. But more often, an unqualified person is injecting fillers that may not be approved for the intended procedure. In many of these cases, a lawsuit is possible. But can you prevail? That's another story.

KY Sheriffs Settle Claims They Cuffed Disabled Children in Schools

The families of two disabled elementary students won a settlement in excess of $337,000 from a the Kenton County Sheriff's Office in Kentucky for a systematic practice of harmful and unconstitutional handcuffing. This comes after a federal district court ruled in 2017 that the punishment officers inflicted, notably handcuffing the biceps of disabled students behind their backs, was "an unconstitutional seizure and excessive force."

Can I Sue a Family Member for Assault or Battery?

Family ... you can't live with 'em ... can't shoot 'em. But can you sue them for assault or battery? The answer may depend on where you live. But should you? That's totally your call, but we can touch on that.

The Los Angeles School District has agreed to pay $5 million to settle claims that it failed to supervise a former teacher who molested a student. The settlement comes on the eve of a re-trial, ordered after a change in California's sexual assault laws.

Here's a look.

USC Settles Claims Against School's Gynecologist for $215 Million

The University of Southern California (USC) has agreed to settle a federal class-action lawsuit for $215 million. The suit was brought by current and former students after one of USC's campus gynecologists, Dr. George Tyndall, was accused of sexual misconduct and inappropriate language. There could be as many as 17,000 members of this federal class-action; Tyndall practiced gynecology at USC for 27 years.

The settlement applies only to the federal lawsuits, and provides at least $2,500 to "all class members." However, interim President Wanda Austin said "Patients who are willing to provide further details about their experience could be eligible for additional compensation up to $250,000."