A Florida intentional torts attorney should be experienced and skilled in handling cases involving intentional torts such as battery because there are essential elements that must be established to maintain such a cause of action. To maintain a cause of action for battery and recover damages, a plaintiff must prove the following elements:

• The defendant intended to touch or make contact with the plaintiff’s body;
• The defendant actually touched the plaintiff; and
• The contact was harmful or offensive.

In a cause of action for battery arising from a physician performing an operation without the informed consent of the patient, lack of consent is an affirmative element that must be alleged and proven by the West Palm Beach intentional torts attorney, in addition to the elements of a battery. The plaintiff has the burden of proving the essential elements of a battery, while the defendant has the burden of proving any defense for the conduct. A defendant may only be liable for a battery if the court finds that he or she acted intentionally. A defendant must have actually intended to cause harmful or offensive consequences, or the consequences must have been substantially certain to occur, therefore the intent to cause them may be implied. In determining if a battery occurred, the court will decide whether the defendant’s conduct was objectively certain to cause the injury. However, a complaint for an action of battery may not be based on a defendant’s omissions or failure to act. Additionally, it is the intent to perform the act that results in harm, and not the intent to cause harm that is dispositive in establishing whether there is intent to accomplish a battery.

To establish a cause of action for battery it is essential that you have an experienced and skilled intentional torts attorney. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.