What Qualifies as Intentional Tort for Battery?
In Tennessee, plaintiffs can bring civil actions when battery has been committed against them. A battery is an intentional act that causes an unpermitted, harmful or offensive bodily contact. Examples of battery include, offensive sexual contact, getting hit by a car, medical procedures performed without informed consent (“medical battery”), punching and kicking.
Intent in Tennessee personal injury actions is different from the intent element in criminal cases. In a criminal case, intent means an act taken with the purpose to inflict injury. On the other hand, intent in a personal injury action only requires proof that the defendant intended to do an act that ultimately resulted in contact with the victim. Thus, a defendant acts with the requisite intent for battery if he throws a rock at someone but accidentally hits another. In this instance, the person who gets hit with the rock has an action against the rock-thrower.
As with most intentional torts, the plaintiff does not have to prove actual, physical damages. But, given the time and expense of litigation, a viable case is typically one in which there are serious physical or emotional injuries. Accordingly, a plaintiff can receive compensation for any of the following upon proof of battery:
- Medical expenses,
- Time off from work,
- Pain and suffering, and
- Punitive damages.
Upon filing a claim for battery, the plaintiff can expect such defenses as consent, necessity and self-defense. The defense of consent is effective to defeat a battery claim upon proof that the plaintiff consented to the contact. Examples include injuries that occur during a sports activity or during a fight. Necessity is a defense asserted that basically alleges that the plaintiff would have consented to the contact but for certain exigent circumstances. For example, a person may perform CPR on an unconscious person without legal repercussion provided he is trained to do so and performs the procedure appropriately under the circumstances. Self-defense can also be alleged under facts demonstrating that the plaintiff was the initial aggressor and that the defendant responded appropriately to prevent injury to himself or to other persons.
If you or a loved one has sustained serious personal injuries as a result of unpermitted physical or offensive contact, you may have a personal injury claim against the aggressor. However, you shouldn’t wait because the time in which you can bring an action is short. Call one of our East Tennessee personal injury attorneys at Baker Associates to learn more about your legal options.
