Can You File a Lawsuit Agains Security at Stores Fo Beating U Up

April 22, 2022 Post a Comment

Victim of assault & bombardment? Hit back with a lawsuit!

Victims of attack and battery have the right to sue their attackers for (money) amercement. Information technology is not necessary that the defendant showtime be convicted in a criminal trial, or fifty-fifty charged with a crime.

As long as the plaintiff suffered damages considering of the defendant'southward wrongful actions, he or she tin can file suit.

Damages for assault and battery

Victims of assail and/or battery may be entitled to both compensatory damages and punitive damages. Losses that can be recovered include (but are not limited to):

Medical bills,
Psychological counseling,
Lost wages,
Lost earning capacity,
Pain and suffering,
Loss of enjoyment of life,
Scarring,
Indisposition,
Anxiety, and/or
Emotional distress or trauma.

What types of acts can I sue for?

Acts that can form the ground of a civil lawsuit for assault and/or battery include (only are not express to):

Uncomplicated assault,
Simple battery,
Bombardment causing serious bodily injury,
Assault with a deadly weapon ("ADW"),
Vehicular set on,
Sexual assault,
Sexual battery, or
Domestic violence.

To help you better empathise how to sue for damages for assault and battery, our California personal injury lawyers discuss the following, below:

Y'all may too wish to review our article on How Victims Tin can Sue for Damages in a California Civil Lawsuit.

man clenching his fist as woman cowers against wall in background

1. What is "assault"?

California's "assault law," Penal Code 240, defines "assault" as an attempt or threat to commit a vehement injury on someone else.

In other words, it is the willful and wrongful threat of the use of strength. If strength is really used, it is no longer assault it is "bombardment" (discussed below).

To be liable nether California'southward assault law, the accused must also accept:

Been enlightened that a reasonable person would have believed the threat, and
Had the ability to apply force to the other person.¹

In other words, the threat must have been credible.

Examples of assault:

During a domestic argument, a homo raises his fist and threatens to hit his married woman.
After a professional baseball game, one team's fans form a circle around a fan from the other team and say they are going to trounce him.
A woman puts her confront inches from a co-worker and threatens to "mess her up" if she reports a work indiscretion to her boss.

ii. What is "battery"?

California's "battery law," Penal Code 242, defines "battery" equally the willful and unlawful use of strength or violence on another person.

The force does not need to exist significant in social club to constitute a bombardment.

Examples of battery:

A woman throws a pot at her married man during an argument.
A security guard at a nightclub uses excessive strength to remove a patron.
A human being slaps his teenage son for coming dwelling late.
A girl violently rips off someone's backpack.

3. Who can sue for assault or battery in California?

Anyone who has been the victim of an unprovoked threat or use of force tin sue for damages.

An exception is if the contact was consensual. For instance, striking someone in a martial arts form would not constitute battery unless the force used exceeded what was expected and reasonable.

man following a woman in a deserted garage

4. Tin a third party be held responsible?

Sometimes, yeah. The question is whether another political party had a legal duty of intendance to the plaintiff and was negligent in exercising (or failing to exercise) that duty.

For example:

Building owners owe visitors a duty of intendance to keep their bounds in a safe condition.
Employers take a duty to provide a safe workplace.
Companies that provide security guards have a duty to ensure that guards are adequately trained and supervised.

Moreover, a third political party may have insurance that covers a particular situation.

Your personal injury attorney can advise y'all whether one or more third parties may be legally liable for your injuries.

You may also wish to review our articles on:

California's law on negligent hiring, retention or supervision of an employee, and
California'south respondeat superior law (vicarious employer liability).

five. Do I demand to file criminal charges or can I just file a lawsuit?

A criminal conviction is not required in society for a victim to file a ceremonious lawsuit for assault or battery.

Victims can sue even if charges are never filed or if the defendant is found "not guilty" at trial.

For instance, people may remember that O.J. Simpson was establish "non guilty" of murdering his wife, Nicole Brown, and her friend, Ronald Goldman.

Simply despite his exoneration, the families of the victims sued and won significant amercement in a civil trial.²

Three reasons why filing a police report is a adept idea

Even though it is not necessary, there are three proficient reasons why victims of attack and battery may want to file a police force study.

Witnesses are sometimes more than likely to cooperate with the police.
The accused tin can't use the plaintiff's failure to go to the constabulary to attack the plaintiff'southward credibility.
If the defendant is convicted, the plaintiff can often use it to plant legal liability in the civil suit.

6. What is the burden of proof in a civil assault and battery lawsuit?

Civil lawsuits are unlike than criminal trials. Importantly, the defendant does not need to be plant guilty "beyond a reasonable dubiousness."

Instead, the jurors must just make up one's mind that information technology is "more likely than not" that the defendant was legally responsible for the plaintiff's injuries. This is too known as a "preponderance of the evidence."³

Under the "preponderance of the evidence" standard, if the jury is even 51% convinced the defendant is liable the plaintiff will recover a judgment.

jurors in the jury box

vii. Other important differences betwixt a criminal and civil trial

The following nautical chart illustrates some of the key differences between a criminal and a civil trial:

Ceremonious LAWSUIT	CRIMINAL TRIAL
Criminal conviction non necessary	Criminal conviction or plea required
Victim controls the example	Instance is brought past the prosecutor
Victim pays ain attorneys	No cost to victim
ix or 12 jurors tin can detect liability	All 12 jurors must agree on guilt
Lower brunt of proof	Very high burden of proof
Perpetrator must testify if chosen equally witness	Perpetrator not required to evidence
Pain and suffering amercement recoverable	Victim limited to economic restitution
Punitive damages available	No punitive damages possible
Other parties may also exist liable	Only the defendant(s) may be convicted

8. How long exercise I accept to bring a civil lawsuit for assail or battery?

In general, California'southward statute of limitations to sue for set on and battery is ii years from the date of the injury.

Yet, specially in cases in which the extent of the plaintiff's injuries is articulate, it is often benign to file suit earlier, while memories are fresh.

9. Tin I recover punitive damages?

Punitive damages are available in assault and battery cases when the accused acted with "fraud," "malice" or "oppression."⁴

Generally, these terms hateful that the defendant either:

Injured the plaintiff intentionally, or
Acted with a conscious disregard of the plaintiff's rights.

The brunt of proof for punitive amercement

The right to punitive damages must be established by "clear and convincing evidence."

California law does non specifically ascertain this term. But it is a higher brunt of proof than "preponderance of the evidence."

In general, it ways that the jury must detect with a with a high degree of probability that the defendant acted in an specially blameworthy fashion.⁵

Example:Joseph and Kevin become into a fight during a neighborhood basketball game game. Joseph calls Kevin a racial slur and Kevin hits him, breaking his nose. Joseph sues Kevin for assault and battery and asks for punitive amercement. The jury does non accolade them because Kevin was not acting with a disregard for Joseph'due south rights.

But… if Kevin had waited exterior Joseph's house afterwards that dark and hit him with a baseball game bat, the result would probable be dissimilar. Kevin would have had time to absurd downwards – merely didn't. In that case the jury could take concluded that Kevin'southward deportment were intentional and worthy of extra punishment.

man and woman in martial arts class

10. What are defenses to civil charges of assault/battery?

The main defenses to ceremonious charges of set on and/or battery include (merely are non limited to):

The accused did not threaten or use force against the plaintiff.
The plaintiff initiated or escalated the incident.
The plaintiff was not scared (or a reasonable person would not have been scared).
The defendant had no ability to behave out his or her threat.
The contact was consensual.

eleven. Tin my family sue the aggressor for damages?

In some cases, the victim's family unit may exist able to sue for damages resulting from attack and bombardment in California.

The main legal theories under which families can sue are:

Negligent infliction of emotional distress – if they witnessed the assault.
Loss of consortium – if the assault resulted in a loss of companionship, moral support and/or intimacy to a spouse or registered domestic partner. or
Wrongful death and/or a California survival activity if the assault/battery resulted in death.

Were you a victim of attack and battery? Contact us for help…

If you or someone you love was injured by an assault and/or battery, we invite you to contact our California personal injury attorneys for a gratis consultation.

Contact u.s.a. to discuss your case in confidence with one of our California injury lawyers.

Y'all and your family unit might be entitled to significant bounty.

Legal references:

joneshathemand.blogspot.com

Source: https://www.shouselaw.com/ca/personal-injury/victim-lawsuit/assault-and-battery-lawsuit/

Jones Hathemand