Assault & Battery

Assault and battery are forms of tort law. A tort is a civil wrong that the law provides a remedy to. A tort has a tortfeasor and a victim. The tort of assault protects one from the legal wrong of imminent physical harm. Threats and attempts to cause personal injury can be actionable. There does not have to be any physical attack or contact for there to be the tort of assault, a threat is enough. The tort of battery, on the other hand, protects you from the actual physical contact of an attack and does require their bodily security to be affected in some way.

Injuries arising from assaults can take years to heal and affect someone’s life forever and so it’s critical to get legal advice as soon as possible to make sure that you and your family are taken care of.

Often civil assault cases occur on other people’s property, at house parties, or in licensed bars and restaurants. Such social and commercial host situations mean that there are more defendants than just the direct individuals involved in the assault. The hosts likely have insurance and a lawyer experienced in insurance law is required to navigate all of these issues.
If you are like many Canadian adults, you probably enjoy playing recreational sports in your free time. As anyone who’s spent time watching and playing sports knows, tempers can flare during a game, resulting in injury to one or more of the players.
While a player may expect a certain degree of risk of injury in many sports, the use of excessive violence is not generally tolerated. Sports organizations often have rules that govern conduct. When the rules of conduct are ignored, there may be a variety of sanctions imposed on a player. Suspension from play is one common consequence of aggressive behaviour.

Aggressive players may also expose themselves to legal liability for injuries caused on the field or ice. Typically, a sports injury claim would fall into the category of assault and/or battery.

Assault and battery are often confused and they have different and distinct legal meanings in the civil (tort) and criminal contexts. In tort law, an assault means to put a person in immediate fear (or apprehension) of physical injury or offensive contact.

This may include verbal attacks. A battery, in tort law, refers to actual physical contact with another individual.

If you are seriously injured while playing a sport, you may be entitled to claim damages to compensate you for your injuries. Our Assault & Battery Lawyers will evaluate your claim and help you recover the compensation you deserve. Call FDT Law today at 1-800-563-6348.

TYPES OF ASSAULTS