Privilege in Civil Battery Claims

Privilege in civil battery claims can protect a defendant against charges of battery. In order to be held liable under the law for civil battery, the defendant should lack privilege to batter the plaintiff. A number of specific examples of privilege are available to show how the defendant’s rights may be protected in such a case of civil battery.

Consent to Commit Battery

In a situation where the plaintiff has given consent to the defendant to commit an act of battery, the defendant may not later be held liable for battery. The most typical example of consent occurs in the area of sports. A tackle or even an intentional foul in a particular sport may be seen as an expected part of the game and not as an act of battery. Similarly, in authorized surgical and other medical procedures, consent will exist between the patient and the doctor.

Conduct of a Police Officer

A police officer gets the privilege to use threat of force, or use actual force if necessary, in order to make a lawful arrest. If the defendant has sustained injury as a result of the reasonable force used by the police officer in an attempt to make a lawful arrest, the defendant may not have a valid case of battery against the arresting officer.

Use of Force in Self-Defense

If reasonable force is used by a person in a situation where force appears to be reasonably necessary to safeguard himself from physical harm, a claim of civil battery may not hold against the person. However, the act of self-defense, in usual circumstances, must be in a fair proportion to the scale of threat.

Act of Defending Others

An act committed in the defense of others is also considered similar to an act of self-defense under civil battery law. It typically occurs when one family member tries to protect another member. However, some jurisdictions permit such acts of defense only when there was an actual battery or threat of battery, and not if the defendant was mistaken about the existence of a threat.

Discipline or Act of Restraint

Some individuals may be legally privileged to use battery or physical restraint to discipline others. Parents are usually legally privileged to use reasonable physical restraint upon their child. Teachers may also have a similar privilege to use reasonable restraint on students. The staff at a mental health institution may have the same privilege over a patient.

Defending Property

Most jurisdictions permit property owners to use a reasonable threat or force in order to defend their own property from vandalism or theft. However, there are limitations to this privilege, and a disproportionate use of force may not be protected under most jurisdictions.

Merchant’s Privilege

Under many jurisdictions, merchants are granted the right to use a reasonable amount of threat or force to detain a shoplifter or any other person who the merchant reasonably believes is making an attempt to damage or steal the merchant’s property.

Legal Advice in Civil Battery Claims

If you have suffered an act of battery from another person that may have caused considerable harm, you should seek legal advice from a personal injury lawyer specializing in civil battery. The lawyer can guide you if your claim is valid under the law.