Civil Battery Claims

Civil battery in Ontario is a legal concept that protects individuals from unwanted physical contact. It’s a form of tort law, meaning it deals with civil wrongs that cause harm to another person, leading to potential compensation for the victim. Unlike criminal assault charges, which involve prosecution by the government, civil battery is a lawsuit brought by the injured party against the person who committed the battery to seek compensation.

To establish civil battery, the plaintiff (the injured party) must prove that the defendant (the person who allegedly committed the act) intentionally made physical contact with them, and that this contact was harmful or offensive. The intent refers to the act of contact, not necessarily the intent to cause harm. Even if the contact was unintentional, but the act itself was deliberate, it can still constitute battery. Consider for example if someone swung a baseball bat at another person, intending to startle them but not intending to strike them. If that person erred and struck the person by mistake, a claim of battery may still be viable, because the person intentionally swung the bat.

The key elements include intentional physical contact, and the contact must be unwanted, harmful, or offensive. This can range from a punch or a shove to any other physical touching without consent. Damages awarded in a civil battery case can include compensation for medical expenses, lost wages, pain and suffering, and in some cases, punitive damages to punish the defendant. Protect your rights by contacting Adam T. Higgins at the Cahill Firm – we’ve got your back!