How To Prove A California Battery Claim
In California, a claim of Battery is defined as:
Battery is the intentional and offensive touching of another without lawful justification.
It simply means:
Touching someone in an unlawful way.
There are 4 elements of the claim:
- Element 1. The defendant touched the plaintiff or caused plaintiff to be touched with the intent to harm or offend him or her. In a battery claim, the defendant either directly touched the plaintiff or made someone else touch them, doing so with the intention of causing harm or offense to the plaintiff.
Facts that might support this element look like:
* The defendant approached the plaintiff in a confrontational manner and made direct physical contact by pushing them.
* The defendant repeatedly made derogatory comments while invading the plaintiff’s personal space, leading to unwanted physical contact.
* The defendant intentionally threw an object at the plaintiff, resulting in physical contact that caused distress.
* The defendant grabbed the plaintiff’s arm forcefully during an argument, demonstrating an intent to harm or offend.
* The defendant laughed while shoving the plaintiff, indicating a disregard for the plaintiff’s feelings and intent to provoke. - Element 2. Plaintiff did not consent to the touching. In a battery claim, the plaintiff must show that they did not agree to be touched, meaning the touching was unwanted and without their permission, which is a key part of proving that a harmful or offensive act occurred.
Facts that might support this element look like:
* Plaintiff explicitly stated they did not want to be touched during the encounter.
* Plaintiff attempted to move away when the defendant approached them.
* Plaintiff was visibly uncomfortable and expressed their discomfort verbally at the time of the incident.
* Plaintiff had previously communicated a clear boundary regarding physical contact to the defendant.
* Plaintiff did not engage in any behavior that would indicate consent to the touching. - Element 3. Plaintiff was harmed by the defendant’s conduct. The plaintiff suffered some form of injury or damage because of the defendant’s actions, meaning that the defendant’s behavior directly caused harm to the plaintiff, whether physical, emotional, or financial.
Facts that might support this element look like:
* The plaintiff sustained physical injuries requiring medical treatment as a direct result of the defendant’s actions.
* The plaintiff experienced emotional distress and anxiety following the incident involving the defendant.
* The plaintiff incurred significant medical expenses due to the injuries inflicted by the defendant.
* The plaintiff was unable to perform daily activities for several weeks due to the harm caused by the defendant.
* The plaintiff’s reputation was damaged in the community as a result of the defendant’s conduct. - Element 4. A reasonable person in the situation would have been offended by the touching. In a battery claim, it means that a typical person in the same situation would find the unwanted touching upsetting or inappropriate, suggesting that the action crossed a line and caused offense, even if the person being touched didn’t react strongly at the moment.
Facts that might support this element look like:
* The touching occurred in a public setting where the victim was surrounded by strangers, increasing the likelihood of embarrassment.
* The individual who initiated the touching did so without any prior consent or invitation from the victim.
* The touching was forceful and unexpected, causing the victim to feel threatened and uncomfortable.
* The victim had previously expressed discomfort with similar physical interactions, indicating a clear boundary.
* Witnesses observed the incident and noted that the victim appeared visibly distressed immediately after the touching occurred.
(See California Civil Jury Instructions (CACI), No. 1300.)
If you’re in court without a lawyer and plan to assert a Claim of Battery, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
U.S. Civil Cases Only