Assault and battery are two distinct intentional torts. The term assault refers to an intentional unlawful threat of physical harm to another that creates in the victim a reasonable apprehension or fear of imminent harm. The term battery refers to an intentional infliction of harmful or offensive contact on the person of another. A cause of action for an assault or a battery does not necessarily give rise to the other. If a plaintiff believes that an imminent contact will be light and does not fear an injury, but in fact the contact is a heavy blow that causes injury, the plaintiff has suffered a battery but not an assault because there was no apprehension of harm. However, if a defendant commits a battery by intentionally and physically touching the plaintiff in a harmful or offensive manner and the plaintiff was fearful or substantially certain that injury was imminent, the defendant may also be liable for an assault.

Although assault and battery may also constitute criminal acts, the elements for establishing a civil cause of action for either assault or battery are different. A Florida intentional torts attorney should have the experience and skill to establish a cause of action for either assault or battery, and ensure that the complaint for either assault or battery also alleges a cause of action for negligence since some insurance policies exclude intentional torts.

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