Battery
Definition
Battery is the intentional and wrongful physical contact with another person without their consent. Unlike assault (which involves fear of contact), battery requires actual harmful or offensive touching. Under Texas Penal Code Section 22.01, criminal battery charges may accompany civil battery claims, though the civil standard focuses on the unconsented touching rather than criminal intent.
How It’s Used in Personal Injury Cases
Civil battery claims allow victims to recover compensation for intentional harmful contact. Common scenarios include physical attacks, unwanted medical procedures, and excessive force by security personnel. Because battery is an intentional tort, standard liability insurance policies typically exclude coverage, meaning recovery often comes directly from the perpetrator’s personal assets. However, employers may be vicariously liable for employees’ batteries committed within the scope of employment, and businesses may face premises liability for failing to prevent foreseeable violence.
Practical Example
A bouncer at a nightclub used excessive force while removing a patron, breaking her arm. Though the club argued the bouncer exceeded his authority, the patron filed both assault and battery claims against the bouncer personally and a negligent security claim against the club. The criminal conviction for assault strengthened her civil case, and the club’s liability insurance covered the negligent supervision claim even though the intentional battery was excluded.
Why It Matters to Your Case
If someone intentionally caused you physical harm, you have a civil battery claim regardless of whether criminal charges are filed. The challenge is finding sources of recovery since insurance usually excludes intentional acts. Your attorney can explore whether employers, property owners, or other third parties share liability for failing to prevent the incident or for negligent hiring, training, or supervision.
Key Takeaway
Battery is intentional harmful contact—while insurance usually excludes intentional acts, you may recover from the perpetrator’s assets or through third-party claims against employers or property owners.