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Personal Injury Claims for Battery

by David Peel on December 3, 2013

Personal Injury Claims for BatteryWhen thinking about personal injury lawsuits, people usually think of suing for injuries resulting from car accidents, negligence, etc. However, it is also possible in some instances to bring a cause of action for battery. Battery can be a criminal charge as well. But, when a lawsuit for battery is brought in civil court, it may allow a person to recover for injuries received as a result of the battery.

It is important to understand what a battery is. Battery is an intentional harmful or offensive touching of another person. This can happen in several different ways. If one person punches another person, for example, that is a battery as long as the person intended to punch the other person. But, if a person bumps into someone accidentally, that is not a battery because there was no intent to cause a harmful or offensive touching.

There are several defenses a defendant can raise when dealing with battery. It is important for both the person bringing the lawsuit and the defendant to know what these defenses are.

Consent can be a defense to battery. In these instances, the defendant argues that the person bringing the lawsuit agreed to the touching or contact. Consent is usually raised as a defense when there was an injury during a contact sport such as football. However, there are other circumstances where a consent defense can be raised.

A self-defense or defense of others defense can also be raised in certain circumstances. In this defense, the defendant argues that the battery was necessary to prevent harm to themselves. For example, the defendant will argue that he punched the plaintiff because the plaintiff attacked him first and he had no choice. Also, reasonable force can be used to defend a third party. So, if the defendant punched the plaintiff, for example, because the plaintiff was attacking a third party, the defendant may have a defense. The court will look at whether the amount of force used was reasonable under the circumstances.

If you or someone you know would like more information on the subject, please contact Mr. Peel through his website PeelLawFirm.com. Mr. Peel specializes in personal injury. He is also very involved in the Christian community. Mr. Peel practices in Millington and West Tennessee.

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