Also known as: harmful touching · offensive touching · battery
Written by attorneys · grounded in primary & secondary sources — see below
A physical contact with another's body that causes injury or is offensive to a reasonable sense of dignity. The contact satisfies the element when it is either harmful in its physical effect or offensive in its character even if no lasting injury results.
Hakim Hall discovered his brother being beaten with a metal pipe by a neighbor. The attack left visible bruises and required stitches. Hakim immediately struck the attacker in response. The contact was both harmful in its physical effect and offensive, satisfying the element of harmful or offensive touching.
Helena Hoffman reached across a counter and deliberately flicked a lit cigarette ash onto Harper Hill's arm. The ash caused a small burn and immediate pain. Harper sued for battery. The resulting harmful contact satisfied the element even though Helena claimed she only meant to startle Harper.
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Harriet Hamilton lightly tapped her coworker on the shoulder to get his attention during a shift change. The coworker later claimed the tap constituted battery. Because the contact was trivial and caused no harm or offense to a reasonable person, it failed to meet the standard for harmful or offensive touching.
Hilda Hernandez swung a broom handle that struck Hyun Han on the leg. The blow produced a bruise. Hyun sued Hilda for battery. The contact was caused by Hilda's own act, satisfying the requirement that the actor's conduct produce the harmful bodily contact.
Hammer Construction's site supervisor grabbed a subcontractor's arm and twisted it behind his back during an argument over work delays. The grip fractured the subcontractor's wrist. The resulting injury constituted harmful touching that meets the element of battery.
Halcyon Motors' employee deliberately spat on a customer during a heated dispute over a repair bill. The saliva landed on the customer's face and clothing. The customer sued for battery. The offensive contact alone supported liability even though the employee did not intend physical injury.
No. The contact qualifies if it produces physical pain, impairment, or offense to a reasonable sense of dignity even when no lasting injury occurs. The Restatement provisions make clear that either harmful or offensive character is sufficient.
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No. Mere words or trivial battery are legally inadequate. Only contacts that a reasonable person would find harmful or offensive meet the standard.
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No. Liability exists when the actor intends an offensive contact and that contact occurs, even if the actor did not intend the resulting bodily harm.
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Yes. The harmful bodily contact must be caused by an act done by the person whose liability is in question.
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…life-sustaining treatment from her under these circumstances. At common law, even the most beneficent act of a physician is a battery if performed without the patient’s consent. Schloendorff v. Society of New York Hospital , 211 N. Y. 125, 129-130, 105 N. E. 92, 93 (1914). The logical corollary of the doctrine of…