What Constitutes Civil Battery in Tennessee?
Civil battery is classified as an intentional tort. Almost everyday someone in Tennessee commits a civil battery. In retrospect, those people have created victims of civil battery as well. It is important for those victims to understand how the law works to protect them. A civil battery may occur where a harmful or offensive contact occurs. Harmful or offensive contact may occur in the grocery store, beach, school, etc. However, the person committing the contact (battery) must possess the requisite intent to cause such a contact.
To establish a Prima Facie case for battery, the following elements must first be proven:
1) An act by the defendant which brings about harmful or offensive contact to the plaintiff’s person;
2) Intent on the part of the defendant to bring about harmful or offensive contact to the plaintiff’s person; and
3) Causation
A reasonable person standard is used when deciding whether the contact is harmful or offensive. That is, if a reasonable person with ordinary sensibilities would have found the contact harmful or offensive then more than likely the court will too. Anything connected to the plaintiff’s person will be considered a part of the plaintiff’s person. (For example: A person came up and grabbed your purse at the grocery store. He may be liable for a battery.) The defendant is also liable for indirect contact as well. This occurs if the defendant sets in motion a force that result in harmful or offensive contact to the person. A person may recover for batter even though he is not conscious of the harmful or offensive contact when it occurs. The doctrine of Transferred intent applies in a civil battery.
The transferred intent doctrine applies where the defendant intends to commit a tort against one person but instead (i) commits a different tort against that person, (ii) commits the same tort as intended but against a different person, or (iii) commits a different tort against a different person. The intent to commit a tort against one person is transferred to the other or to the injured person.
Limitations regarding the transferred intent doctrine:
Transferred intent may only be invoked where the tort intended and the tort that results are both within the following list:
a) Assault;
b) Battery;
c) False imprisonment
d) Trespass to land; and
e) Trespass to chattels.
Actual damages are not necessary to prove a prima facie case for battery. Plaintiff may recover nominal damages and punitive damages where the defendant acted with malice.
There are many factors that exist in Tort cases. It is important to visit a licensed Tennessee Attorney to ensure the best possible outcome. If you feel that you have either; been a victim or have been wrongly accused of Civil Battery, please contact Baker Associates to resolve those issues.
