ABA Family Legal Guide

Personal Injury

Intentional Wrongs

Isn't battery a crime?

Yes, battery can be a crime, but as a personal injury action it is a civil claim, as are all tort actions. The law considers torts to be wrongs against an individual, allowing the individual to sue for money damages. (For more on criminal assaults and batteries see the "Criminal Justice" chapter.)

As a tort, a battery is a harmful or offensive touching of one person by another. Anyone who touches you or comes into contact with some part of you--even your purse--when you do not agree to it may be liable to you for battery. The law does not require any harm or damage. You do not even have to know a battery is occurring at the time in order to bring a battery claim.

The person committing the battery may have meant no hatred or ill will. In one case, for example, a plaintiff successfully recovered damages for an unwanted kiss. Also, a court found a battery when a person forcibly removed a woman's hat. However, damages for technical batteries are small. After all, you were not actually hurt, so how much should you get?