The Michigan assault and battery lawyers at our firm represent clients who have suffered serious injuries and harm to due the unlawful touching by another. Some of these cases result from intentional physical conduct while others are the result of negligent touching.
In many circumstances, the physical contact is excessive and beyond the scope of any permission given to another person.An assault is defined as “any willful attempt or threat to inflict injury upon the person of another, when coupled with an apparent present ability so to do, and any intentional display of force such as would give the victim reason to fear or expect immediately bodily harm, constitutes an assault.
An assault may be committed without actually touching, striking, or doing bodily harm to the person of another.
A battery is defined as intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching. Quite often, a person may be engaging in playful type conduct and just goes too far, causing serious injuries to the victim. In those cases, the wrongdoer just went too far and can be liable for the injuries suffered by the victim.Assaults and batteries may both give rise to criminal prosecution in the form of misdemeanor or felony charges and to civil lawsuits. In a civil lawsuit, the injured person seeks money compensation for their injuries.
Assaults and batteries often arise out of the following scenarios:
· Bar fights
· Bouncer incidents
· Police misconduct
· Sexual assaults
· Sports and sporting events
· Recreational activities
· Negligent or intentional discharge of firearms
· BB guns
· School fights
· Medical Malpractice
This is not an exhaustive list but provides some insight into the different scenarios for assault and battery litigation in Michigan.
Police misconduct cases are more and more common. While a police officer is privileged to apply the threat of force or, if necessary, to apply actual force in order to effect a lawful arrest, a police officer is not privileged to use unreasonable force to affect a lawful arrest.
Sporting activities provide a unique area for assault and battery litigation in Michigan. Everyone who participates in a sporting activity consents to the risks inherent in that sporting activity. A person who chooses to play basketball or hockey consents to a battery to the extent that physical conduct is an inherent activity in the sport.However, some conduct will fall outside the realm of what is reasonable to expect, and, thereby, give rise to a Michigan assault and battery claim.
It is important to hire a train accident attorney immediately after the incident to begin the investigation of the claim. If you or a loved one has been injured in due to an assault and battery, you should contact our law firm immediately.
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We represent Michigan personal injury clients in Detroit, Southfield, Pontiac, Troy, Warren, Grand Rapids, Muskegon, Lansing, East Lansing, Battle Creek, Kalamazoo, Bloomfield Hills, West Bloomfield, Farmington Hills, Rochester, Auburn Hills, Clarkston, Birmingham, Ferndale, Flint, Novi, Pontiac, Troy, Saginaw, Sterling Heights, Waterford, Wayne, Dearborn, Westland, Canton, Monroe, Ann Arbor, Mount Clemens, Livonia, Grayling, Grosse Pointe, St. Clair Shores, Brighton, Adrian, Allen Park, Clinton, Hamtramck, Northville, Garden City, Southgate, Harrison, Holland, Inkster, Allen Park, Belleville, Jackson, Madison Heights, Mount Pleasant, Oak Park, Okemos, Plymouth, Redford, Roseville, Romulus, Taylor, Wyandotte, Wyoming, Traverse City, Ypsilanti, Bad Axe, Northern Michigan, as well as residents of Wayne County, Kent County, Oakland County, Macomb County, Washtenaw County, Genesee County, Huron County, St. Clair County, Monroe County, Ingham County, Saginaw County, Livingston County, Lenawee County and all other Michigan counties.