The word “battery” comes from the Latin battuere meaning “to beat”. For legal purposes, battery is the unlawful and intentional touching or use of force against another without consent. The act of battery must include either the perpetrator’s:
• actual physical contact with the victim;
• actual physical contact with an object connected to the victim; or
• setting something in motion which produces a non-consensual touching.
For example: a) Kicking or shoving of another would be battery resulting from actual physical contact with the victim; b) Knocking a tray of food out of another’s hands is an example of battery in which there is actual physical contact with an object connected to the victim; c) throwing of a ball that strikes another is an example of battery resulting from setting the ball in motion, eventually producing a non-consensual touching.
Battery laws are meant to protect bodily integrity regardless of one’s frame of mind. This means that a victim need not be aware of the offensive touching for battery to take place. Therefore, a victim may recover for battery even if they were unconscious, asleep, or otherwise unable to perceive the contact at the time of offensive touching.
Contact a Battery Attorney
If you or a loved one has suffered an injury as a result of a battery, The Rothenberg Law Firm LLP can provide the experienced legal help you need. The firm can be reached at 1-800-624-8888 or you can fill out a free online case evaluation form. The initial consultation is always FREE. If we pursue your case, there is no legal fee unless we are successful in getting you money.
Timing is important, because statutes of limitation affect how long you have to file a claim. Don’t delay, contact The Rothenberg Law Firm LLP today.
