Legal Definitions - tortious battery

Tortious battery refers to a civil wrong where one person intentionally causes harmful or offensive physical contact with another person without their consent. It is a type of "tort," meaning it can lead to a lawsuit for damages (financial compensation) rather than criminal charges, although the same act might sometimes be both a tort and a crime.

For an act to be considered tortious battery, the following elements are generally required:

• Intent: The person committing the act must have intended to make contact with the other person, or with something closely associated with them (like their clothing or an object they are holding). They do not necessarily need to intend to cause harm, only the contact itself.
• Contact: Actual physical touching must occur. This can be direct (e.g., a punch) or indirect (e.g., throwing an object that hits someone).
• Harmful or Offensive: The contact must be objectively harmful or offensive to a reasonable person.
• Lack of Consent: The person who was touched did not agree to the contact.

Here are some examples illustrating tortious battery:

• Example 1: During a heated argument in a public park, one individual, out of frustration, intentionally shoves another person, causing them to stumble and drop their belongings. Even if the shover did not intend to injure the person, the act of intentionally pushing them without consent, which a reasonable person would find offensive, constitutes tortious battery. The person who was shoved could sue for damages, such as the cost of repairing damaged items or medical expenses if they were injured in the fall.

• Example 2: A disgruntled customer at a coffee shop, upset with their order, intentionally throws their half-empty cup of coffee at the barista, striking them in the chest. The customer intended to make contact with the barista using the coffee cup. This contact is clearly offensive and potentially harmful. Since the barista did not consent to being hit by the coffee cup, this action would be considered tortious battery. The barista could pursue a civil claim for any resulting harm, such as emotional distress or the cost of cleaning their uniform.

• Example 3: At a crowded concert, one concert-goer, trying to get a better view, intentionally uses their elbow to forcefully push aside another person who was standing in their way. The person who was pushed did not consent to this physical contact. The intentional and forceful nature of the push, which a reasonable person would find offensive, fulfills the requirements for tortious battery. If the pushed individual suffered an injury or felt humiliated, they could potentially sue the other concert-goer for damages.