Assault / Battery - Harding Law, APC

Assault / Battery Injury Claims

When someone is intentionally assaulted, the ramifications can be devastating. In almost every situation, the victim is left injured, confused, and traumatized. Attempting to recover compensation for your injuries following an intentional assault and be a complex and frustrating process.

INSURANCE COVERAGE GAP

Unfortunately, many lawyers will not take an intentional assault case because insurance will not cover your injury claim. This is because insurance only covers negligent acts (accidents) and cannot be purchased to cover someone for intentional acts.

If the person who assaulted you did so in their individual capacity, your recovery will be limited to whatever assets that person has. However, if that person was acting on behalf of an employer at the time, their employer may be able to be held accountable.

SCOPE OF EMPLOYMENT / NEGLIGENT HIRING & SUPERVISION

If the person who assaulted you was working on behalf of someone else at the time, there are two ways to hold them accountable: (1) Prove that the person who assaulted you was acting in the course and scope of their employment when they assaulted you; or (2) Prove that the employer negligently hired and supervised the person who assaulted you.

Relevant factors include:

Did the incident occur on the business premises?
Was the employee wearing a uniform?
Did the incident occur during a business interaction?
Was the employee a manager? Was a manager present?
Did the manager intervene to stop the assault?

Did the employer conduct a background check?
Did the employee show signs of being unfit for the position?
Did the employee show signs of instability prior to the incident?
Did a manager ratify the employee’s actions after the incident?
Did the employee act with malice towards the victim?

Did the incident occur on the business premises?
Was the employee wearing a uniform?
Did the incident occur during a business interaction?
Was the employee a manager? Was a manager present?
Did the manager intervene to stop the assault?

Did the employer conduct a background check?
Did the employee show signs of being unfit for the position?
Did the employee show signs of instability prior to the incident?
Did a manager ratify the employee’s actions after the incident?
Did the employee act with malice towards the victim?

PUNITIVE DAMAGES

In situations where an employee has acted with malice or oppression (intentionally intended to harm someone), punitive damages may be assessed against the employee.

Furthermore, if the injured person can prove that the employer should have known the employee was unfit or ratified the action after the fact, punitive damages may also be assessed against the employer.

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