Assault and Battery

Assault and battery are two of the most basic of the intent torts, or torts that are based on the intentional actions of another. While the two torts are very similar, they have some key differences as well.

Assault is the tort of causing another to fear for his or her safety. In order to have a charge for intent, the individual must have felt immediate fear for his or her safety but not have actually been touched. The fear must have been inflicted on the victim by the accused intentionally. This means that the person accused of assaulting the other person cannot have just stood there or scared the person on accident by appearing suddenly in a doorway. The accused must have done something that caused the victim to be scared for his or her personal safety.

Battery takes assault one step further in that contact must have been made with the victim or with something closely associated with the victim. It too requires that the accused have gone about creating this contact intentionally, and not by falling or tripping or through some other unintentional action. Battery is designed to protect a person from personal harm whereas assault is designed to protect an individual from fear of personal harm.

Because the two torts are so related, it is not uncommon to have a victim bring both claims in a lawsuit. The success of either claim hinges on proving the intent of the accused individual.

Contact a Philadelphia Personal Injury Attorney

If you have been injured or feared for your personal safety as a result of someone’s intentional actions, contact a Philadelphia personal injury lawyer of Lowenthal & Abrams at 215-238-1130.