Battery is one of the oldest recognized civil wrongs. As a tort, battery is an intentional, unwanted physical contact with another person that is harmful or offensive. It exists separately from the crime of battery, which Georgia prosecutes under a different part of the law. This guide explains how the tort of battery works under Georgia law, what must be shown to establish it, how it differs from criminal battery and from assault, and the legal principles that surround it.
What the Tort of Battery Is
A tort is a civil wrong that allows an injured person to bring a lawsuit for damages. Battery is classified as an intentional tort, which means the conduct must be deliberate rather than accidental or merely careless. The wrong protected against is the violation of a person’s right to be free from unwanted physical contact.
Battery is a contact tort. It requires an actual touching of the plaintiff’s body, or of something so closely connected to the body that contact with it is treated as contact with the person. Contact with a person’s clothing, a cane being held, or an object knocked from a person’s hand can satisfy this element. The contact does not have to cause a visible injury. An offensive touching that injures dignity rather than the body can still be a battery.
Elements of a Battery Claim in Georgia
To establish a tort of battery in a Georgia civil case, a plaintiff generally must prove three things.
The first element is intent. The defendant must have intended the physical contact. Georgia law looks to the intent to make the contact, not an intent to cause injury. A defendant who deliberately touches another person in a harmful or offensive way commits battery even if the defendant did not intend or expect any harm. The intent element is also satisfied when a person acts knowing with substantial certainty that a harmful or offensive contact will result.
The second element is harmful or offensive contact. The touching must be either physically harmful or offensive to a reasonable sense of personal dignity. An offensive contact is one that would offend an ordinary person who is not unduly sensitive about personal contact.
The third element is causation. The defendant’s intentional act must have caused the contact and any resulting damages. There must be a direct connection between the conduct and the harm claimed.
In a civil case the plaintiff carries the burden of proof by a preponderance of the evidence, meaning it is more likely than not that each element is established. This is a lower standard than the criminal standard of proof beyond a reasonable doubt.
Battery Compared With Assault
Battery and assault are related but distinct torts. Assault is conduct that places another person in reasonable apprehension of an imminent harmful or offensive contact. Battery is the contact itself. An assault can occur without a battery, as when a threatening gesture causes fear but no touching follows. A battery can occur without an assault, as when contact happens without warning so that the person had no chance to anticipate it. The two often occur together, and a plaintiff may bring claims for both arising from the same incident.
Civil Battery Compared With Criminal Battery
The tort of battery and the crime of battery are separate matters handled in different courts. A criminal battery case is brought by the State of Georgia and can result in penalties such as fines or incarceration. A civil battery claim is brought by the injured person and seeks money damages.
Because the cases are separate, the same conduct can lead to both a criminal prosecution and a civil lawsuit. The outcome of one does not control the other. A criminal case requires proof beyond a reasonable doubt, while a civil claim uses the lower preponderance standard, so a civil claim can succeed even where a criminal case did not result in a conviction.
Defenses to a Battery Claim
Georgia recognizes several defenses to a battery claim. Consent is a common one. A person who agrees to physical contact, such as a participant in a contact sport, generally cannot claim battery for contact within the scope of that consent. Self-defense is another. A person who uses reasonable force to protect against an imminent threat of harm may not be liable for the resulting contact. Defense of others and defense of property can apply on similar principles, within the limits the law places on the amount of force that is reasonable. Whether a defense applies depends on the facts of the particular situation.
Damages in a Battery Case
A plaintiff who proves battery may recover compensatory damages. These can include medical expenses, lost income, and compensation for physical pain and emotional suffering connected to the incident. Because battery is an intentional tort, Georgia law also allows the possibility of punitive damages in cases where the evidence shows willful misconduct, malice, or a conscious indifference to consequences. Punitive damages are meant to punish and deter rather than to compensate, and Georgia statutes place limits and procedures on when and how much may be awarded.
Time Limits
Georgia sets deadlines for filing lawsuits, known as statutes of limitation. O.C.G.A. Section 9-3-33 provides that actions for injuries to the person must generally be brought within two years after the right of action accrues. A battery claim, as a claim for injury to the person, falls within this general two-year period. Certain circumstances can affect how the deadline is calculated, but the two-year period is the general rule for personal injury actions in Georgia.
Summary
The tort of battery protects the right to be free from intentional, unwanted physical contact. In Georgia a battery claim requires intent to make the contact, a harmful or offensive touching, and causation, proven by a preponderance of the evidence. It is distinct from assault, which involves apprehension rather than contact, and from criminal battery, which is a separate proceeding brought by the State. Consent and self-defense are among the recognized defenses, and personal injury claims in Georgia are generally subject to a two-year filing deadline under O.C.G.A. Section 9-3-33.
Disclaimer
This article is provided strictly for general educational and informational purposes. It is intended to explain how Georgia law works as a matter of public legal education, and it does not constitute legal advice, a legal opinion, or a recommendation about any particular course of action. Reading this article, or contacting the website on which it appears, does not create an attorney-client relationship between the reader and any law firm, attorney, or author.
The law changes over time. Statutes, regulations, court rules, and judicial decisions discussed here may have been amended, repealed, superseded, or reinterpreted after the date of publication, and citations to specific code sections or cases reflect the law only as it was understood when this article was written. The application of any legal principle also depends heavily on the specific facts and circumstances of an individual matter, and outcomes vary from case to case.
For these reasons, no one should rely on this article as a substitute for advice from a licensed Georgia attorney who can review the particular facts involved. The author and publisher make no warranty, express or implied, regarding the accuracy, completeness, timeliness, or applicability of the information provided, and disclaim any liability for any action taken or not taken based on this content.