What are the elements of a civil battery?

California, United States of America


The following excerpt is from Ristow v. Cnty. of San Bernardino, E053531 (Cal. App. 2012):

"'"A battery is any intentional, unlawful and harmful contact by one person with the person of another . . . ."'" (Piedra v. Dugan (2004) 123 Cal.App.4th 1483, 1495.) "'The elements of a civil battery are: "'1. Defendant intentionally did an act which resulted in a harmful or offensive contact with the plaintiff's person; [] 2. Plaintiff did not consent to the contact; [and] [] 3. The harmful or offensive contact caused injury, damage, loss or harm to the plaintiff.'" [Citation.]' [Citation.]" (Ibid.)

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