San Francisco Injury Lawyer Blog

Tort law is a body of law which addresses civil wrongdoings; it is split into intentional torts and negligence, or “accidents”. In tort law, if the wrongdoer is found responsible for causing the damage to the victim, then he will be responsible for paying damages to the victim, but he will not be put into jail or have to suffer other criminal punishments.

For intentional torts, such as assault, battery or false imprisonment, the victim must show that the wrongdoer had intent. Intent is defined as whether the wrongdoer purposely desired, or was substantially certain that the result would occur. For example, if Donald the Defendant purposely pulled a chair out from underneath Grandma Patty the Plaintiff, and the court determined that Donald was substantially certain that Grandma Patty would fall and break her newly replaced hip, then Donald would be liable to pay for Grandma Patty’s damages. However, if Donald did not pull the chair out intentionally, then it may fall under negligence, or an accident.

Assault and battery can be both tort and criminal acts. However, certain acts may only make the wrongdoer responsible for a tort, and not for a crime. For a tortious assault case, the victim would have to show that the wrongdoer intentionally caused him reasonable apprehension of an immediate harmful/offensive act. In order to cause reasonable apprehension, the victim must be aware of what is happening, so if the victim was asleep during the time, then there is no tortious assault. In a tortious battery case, the victim needs to prove that the wrongdoer intentionally caused harmful or offensive contact with his person. With this, the wrongdoer does not even have to make a direct physical connection with the victim. So for instance, if Donald intentionally picked up a rock and threw it at Patty, but did not touch her with his hand, he is still responsible for battery. In battery, the victim does not need to be aware of the act or its harmful nature. Taking the above example, if Donald threw a rock at Patty while she was sleeping, he would be liable for battery, but might not be responsible for assault.

If you are unsure about the legal aspects of your injuries or accidents, please call Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation with one of our attorneys and learn about your rights. We may be able to help you determine if you legally entitled to monetary damages because of the injury that you have suffered. Visit our website at www.alawpro.com to learn more about how to protect yourself and your family.