Special Forms Of Battery For Which You May Deserve CompensationShare
Many people don't understand the real meaning of battery. Legally speaking, battery means intentional touching of another person in an offensive manner. It doesn't have to include force and doesn't have to mean that the person was threatening or wanted to beat the victim. Here are some special forms of battery that you might not know about:
Contact sports result in occasional injuries, most of which are either accidental or stem from the negligence of other players. Sometimes, however, sportspersons lose their cool and intentionally touch their opponents where they shouldn't. If that happens, then the aggrieved party can claim battery damages from the offender. A good example of sports battery is when a player shoves the other one to the ground in a manner that is clearly inconsistent with the game.
Toxic battery occurs when a person intentionally exposes another person to toxic substances. Examples of toxic substances include insecticides, asbestos, lead and many others.
Note that toxic battery is different from a toxic injury claim where you need to prove that the defendant was negligent or that your claim satisfies the strict liability laws. The main difference is that, for a toxic battery claim, you need to prove that the defendant's actions were intentional. For example, a manufacturer who sneaks in the middle of the night to dump their wastes, which they know is poisonous, can face toxic battery claims.
A medical professional commits battery when they intentionally violate your right and direct your medical treatment of their own accord. This is a clear violation because a doctor or any medical professional is only meant to treat you after getting your consent. A doctor, therefore, commits battery when they seek your consent, you refuse, but they go ahead to perform the treatment anyway.
Take an example where a doctor advises you to remove a certain part of your body because has a high risk of developing cancer. If the doctor goes ahead to remove the part in question without your consent, then you can accuse them of medical battery and get compensated for it.
Therefore, don't assume that you are only entitled to battery compensation in cases of physical violence such as fights or domestic violence. Anybody who violates your rights by touching you in a way you don't want should compensate you for the damages. For more information, contact a personal injury attorney.