Also known as: physical impairment · physical impairments · physically impaired · disability · impairment
Written by attorneys · grounded in primary & secondary sources — see below
Any alteration in the physical condition of a person's body that reduces its functionality or causes pain or illness. The concept supplies the definition of bodily harm in intentional torts and supplies the baseline for measuring damages when a tortious act affects earning capacity or triggers additional harms.
Peter Park, a state elector, suffers a stroke that leaves him unable to travel or cast his ballot. The physical impairment prevents him from performing the duties assigned under the constitutional process for selecting the President. The state legislature must therefore appoint a replacement elector to fulfill the constitutional mandate.
Penelope Price appears before Judge Parker Phillips on a contract claim. During the hearing the judge repeatedly comments on Price's use of a wheelchair and questions whether she can understand the proceedings. The remarks manifest bias based on disability and violate the rule requiring judges to avoid such conduct in performing judicial duties.
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Pablo Perez, a lawyer, represents a client with a documented mobility impairment. During settlement talks Perez mocks the client's gait and refuses to accommodate scheduling needs tied to medical appointments. The conduct constitutes harassment on the basis of disability in the practice of law.
Patrick Phan deliberately pokes Pavel Petrov in the chest during an argument. The contact produces no lasting bruise yet causes immediate pain and a temporary reduction in Petrov's ability to breathe comfortably. The resulting physical impairment satisfies the definition of bodily harm required for battery liability.
Parker Phillips receives written notice that his Social Security disability benefits will end. He submits a written response detailing how his physical impairment prevents any substantial gainful activity. The agency provides a post-termination evidentiary hearing with retroactive benefits if he prevails, satisfying due process.
Precision Tools merges into Paragon Construction. Paragon assumes all of Precision's contract rights without any transfer or impairment. The surviving entity may enforce those rights exactly as Precision could have before the merger.
No. Battery is complete upon an intentional harmful or offensive contact. Harmful contact is shown by any physical impairment of the body, even if temporary or minor, while offensive contact requires only that a reasonable person would find the touching an affront to personal dignity.
Harmful contact produces physical impairment, pain, or illness. Offensive contact need not cause any physical change. It is enough that the touching would offend a reasonable sense of personal dignity under the circumstances.
A tortfeasor who impairs the plaintiff's physical condition is liable for resulting loss or impairment of earning capacity, measured from the time of injury through the plaintiff's expected work life.
…future contraceptive failure, possible future pregnancy, possible future unpreparedness for parenthood, and possible future impairment of health. Any one or more of these several possibilities may not take place and all may not combine. In the Does' estimation, these possibilities might have some real or imagined impact…