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  • Writer's pictureDean Tommy

Quick Tip: Battery's "Plaintiff's Person" Element

The prima facie elements of battery are an intentional act by the defendant causing harmful or offensive contact with the plaintiff's person.


Let's focus on the "plaintiff's person" element.


The contact must be with the plaintiff's person. For purposes of a battery, anything connected to the plaintiff’s person is viewed as part of the plaintiff’s person. This includes any part of the plaintiff's body, clothing, or anything else that is closely associated with or attached to their body at the time of the incident (like a towel tucked into a football player's waistband).

SMU defeats Navy 59-14 on Nov. 25, 2023

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