Assault
Definition
In civil law, assault is an intentional act that causes another person to reasonably fear imminent harmful or offensive contact. Importantly, assault does not require actual physical contact—the threat or attempt to cause harm is sufficient. Under Texas Penal Code Section 22.01, assault can also include intentionally or knowingly causing bodily injury to another, though the civil definition focuses primarily on the apprehension of contact.
How It’s Used in Personal Injury Cases
Civil assault claims arise when someone intentionally puts another person in fear of immediate harm. Unlike negligence cases, assault is an intentional tort, which can affect insurance coverage since most liability policies exclude intentional acts. However, victims can still pursue claims directly against the person who committed the assault, and in some cases against third parties who failed to provide adequate security. Criminal assault charges may proceed simultaneously with civil claims, and a criminal conviction can strengthen the civil case.
Practical Example
In a parking lot argument, a man raised his fist and threatened to punch Maria while moving toward her aggressively. Even though he never actually hit her, Maria has a civil assault claim because he intentionally caused her to reasonably fear imminent harmful contact. If he had actually struck her, the additional claim would be battery. Maria might also have a premises liability claim against the property owner if inadequate security contributed to the incident.
Why It Matters to Your Case
Assault claims allow victims to recover compensation for the emotional distress and fear caused by threatening behavior, even without physical contact. Because assault is intentional, proving it requires different elements than negligence cases. The intentional nature also means standard insurance often won’t cover the perpetrator, requiring exploration of other compensation sources such as the assailant’s personal assets or third-party claims.
Key Takeaway
Assault is an intentional act that causes fear of imminent harm—even without physical contact, you may have a valid claim for compensation if someone deliberately threatened you.