Know Your Rights: Can You Sue for Assault in California

Yes, because in California, assault is an intentional tort. Other intentional torts include intentional infliction of emotional distress (extreme Mean Girls speech or conduct), false imprisonment (preventing a person from leaving a room), and trespass. You can sue someone for assault to establish legal responsibility. These civil suits are especially common in certain kinds of assaults that rarely make their way to criminal court.

Did you know that in 2023, there were 264.1 Cases of Aggravated Assault per 100,000 people in the United States? The FBI’s Uniform Crime Reporting (UCR) Program defines aggravated assault as a violent attack by one person on another, typically aimed at causing serious or severe bodily harm.

You can also sue someone for assault to establish financial responsibility. Let’s face it. Most assault tortfeasors (negligent actors) don’t have money, and most insurance policies exclude intentional conduct losses. In many cases, landowners are financially responsible for assaults that occur on their property. More on that below.

Assault victims have various legal options. Only an Assault and Battery Lawyer in California helps victims sort through these options and make the best choices for themselves and their families. Additionally, court prosecutors don’t represent victims. They represent the state. But a personal injury lawyer in Los Angeles represents you, and does whatever it takes to uphold your best interests.

Assault and Battery Elements

At common law, assault is an imminent threat of physical contact, and battery is a harmful or offensive touch. Assault usually doesn’t violate California criminal laws. It’s also hard to prove in civil court. Battery is different on both counts. Common battery scenarios include:

• Domestic Battery:
  Most law enforcement agencies have mandatory domestic battery arrest policies, so these matters almost always make their way to criminal court. Additionally, a judge can issue a protective order which includes financial provisions (paying medical bills, child support, etc.).
• Heated Arguments:
  In contrast, these matters almost never end up in criminal court. Usually, if officers respond, they separate the participants, allowing them to cool off. Then, officers give each participant a stern “go forth and sin no more” warning before departing and forgetting the matter.
• Random Battery:
  Los Angeles personal injury lawyers handle many of these cases as well, partially because police officers cannot quickly find enough evidence to charge anyone, and partially because these incidents often involve negligent security issues, as outlined below.

The elements of battery are basically the same in civil and criminal court. But the burden of proof is different. Criminal prosecutors must prove guilt beyond any reasonable doubt, and personal injury attorneys must prove liability by a preponderance of the evidence (more likely than not).

Additionally, in criminal court, simple battery is a misdemeanor and aggravated battery is a felony. However, in civil court, battery is battery. The only difference is the amount of compensation, which increases as injuries become more severe.

Compensation in a civil battery case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Property Owner Liability

All property owners in California have a Duty Of Care to provide safe and secure environments for all commercial and noncommercial guests. A safe and secure environment includes reasonable security. The nature of the duty of care varies, according to factors like:

• Risk of harm,
• Possibility of serious injury,
• Nature of the owner/victim relationship (i.e. invited or uninvited guest),
• Possibility of entry (injury hazards behind locked doors are often inconsequential),
• Owner’s knowledge of the harm, and
• Cost of protecting against the harm.

The same general duty of care analysis applies in other premises liability claims, like swimming pool drowning and dog bite injuries.

This principle is a familiar one. Pilots fly planes, but unless an airport creates a proper environment, passengers aren’t safe. Tortfeasors commit assaults, but unless property owners create safe environments, people aren’t safe.

Negligent Security

This legal element is the “secure” element of the duty of care. Like the overall duty of care, the responsibility to provide security varies, depending on such factors as:

• Type of business,
• Prior similar instances in the area,
• Area’s overall crime rate,
• Location of business, and
• Prior similar incidents at that location.

A flower shop several blocks from the nearest four-lane street needs almost no security. A bar near a major intersection probably needs surly bouncers. A check cashing store near a freeway, where almost anyone can come in, take lots of money, and go, needs very tight security.

These factors also relate to foreseeability (possibility) of injury. In non-assault torts, like car wrecks, foreseeability isn’t a big deal. However, in an assault case, unless the assault was foreseeable, landowners aren’t financially responsible for an individual’s unexpected actions.

Contact Our Personal Injury Attorneys Today!

Yes, you can sue someone for assault. For a free consultation with an Experienced Personal Injury Attorney, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters. You don’t pay us unless we win for you! Get a Free Consultation Today.

Credit: Photo by Midjourney