Also known as: bodily harms · actual bodily harm · grievous bodily harm
Written by attorneys · grounded in primary & secondary sources — see below
Any physical impairment of the condition of another's body, or physical pain or illness.
Bernard Bass selected an isolated platform and shoved Brendan Burns off its unguarded edge during an argument. The resulting fall caused fatal injuries. The preparatory choice of a dangerous location and the shove itself demonstrated an intent to inflict grievous bodily harm that satisfied the malice element for murder.
Bianca Baker learned that her client planned to assault a coworker with a knife. She disclosed limited information to police because she reasonably believed the attack would cause substantial bodily harm. The disclosure fell within the exception permitting revelation to prevent reasonably certain death or substantial bodily harm.
Select any source to read its text and confirm it supports the definition.
Brandon Black struck Barbara Bennett across the face with a closed fist. The blow fractured her cheekbone and caused immediate swelling and pain. The resulting physical impairment constituted bodily harm that completed the battery.
Bharat Bhatia knew that locking the only gate would trap a trespasser inside a collapsing structure. He refrained from using force to exclude the trespasser because he recognized that exclusion would expose the person to substantial danger of serious bodily harm.
Brendan Burns left a loaded firearm on a crowded workbench while intoxicated. The gun discharged and struck Bianca Baker, causing serious internal injuries. The gross deviation from reasonable care created a high risk of death or serious bodily harm that supported an involuntary-manslaughter charge.
Barbara Bennett intentionally flicked hot coffee onto Bernard Bass's arm intending only to startle him. The liquid caused second-degree burns that required medical treatment. The resulting physical impairment made her liable for battery even though she had not intended the harmful contact itself.
Yes. The definition includes any physical pain or illness even if the impairment is transitory or minor. Courts still recognize the invasion of bodily autonomy and may award nominal damages.
Supporting sources
Bodily harm is the actual physical impairment or pain. Rules permitting disclosure or force often require a higher threshold of reasonably certain death or substantial bodily harm, which is a more severe subset of the same concept.
Yes. When severe emotional disturbance foreseeably results in illness or other physical impairment, such as panic attacks requiring hospitalization, the resulting bodily harm satisfies the element in both negligence and intentional-infliction claims.
…of the Restatement of Torts that where a lessor agrees to keep the premises let in good repair, he is subject to liability for bodily harm caused to the lessee and others on the land with his consent by a condition of disrepair. True, the suit in Faber was in tort while this one is in contract. But it cannot be overlooked…