Elements for a civil assault and battery case

As we discussed in our previous blog post, there are several parties that might be held liable if you are injured during a bar fight. Determining which parties can be held liable requires a look into the circumstances of the fight. In some instances, the bar fight damages would fall under the bar’s insurance policy that covers premises liability issues.

There are some instances in which physical contact doesn’t have to occur. Instead, it is possible to file a civil lawsuit for assault if no contact occurred. In this case, the elements that must be present include:

  • You have had a reasonable fear that you were going to be the victim of battery.
  • There must have been an ability present by the attacker.
  • The threat or attempt of harm must have been intentional.

There are some instances in which the person who attacked you or who hit you might also be held liable in a civil case. There are several elements that must be present if you plan on seeking compensation from the individual for battery. These include:

  • You didn’t consent to the contact.
  • The contact was offensive or harmful.
  • The contact was intentional.

If you are planning on filing a civil lawsuit for an assault or battery, you should understand that your civil lawsuit is completely different from any criminal case that is occurring because of the incident. You should also understand some basic points about how the case will be handled. Once you are aware of those points, you can move forward with your claim for compensation.

Source: FindLaw, “Civil Assault and Battery Cases,” accessed Dec. 21, 2015