The New York Personal Injury Blog

Battery / Assault in New York

Battery / Assault is most often thought of as a criminal law issue, but if you have been the victim of a battery or assault you may also have a personal injury case. In personal injury cases, battery and assault are known as "intentional torts." The elements of the intentional torts of battery and assault are generally the same as the elements of the crimes battery and assault, but the required intent is different and the burden of proof necessary to find a defendant guilty is lower in a personal injury case. A New York injury lawyer can help you understand the differences.

If you need legal advice on any personal injury issue in New York, including battery or assault, you should speak to a New York personal injury attorney. Personal injury attorneys often offer free consultations and generally take cases on contingency, which means that you will not be expected to pay attorney fees unless you receive a favorable verdict.


Recently in Battery / Assault Category

Injury Lawsuit May Push 'Jersey Shore' Off The Air

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If a lawsuit against MTV parent company Viacom claiming damages for assault and racketeering prevails, the raunchy and popular reality television show "Jersey Shore" may have to end production, according to the New York Daily News.

In other words, the rude and crude behavior of its eight, larger-than-life cast members that made the show so popular may also be its demise. In fact, their antics make me wonder if New York personal injury lawyers enjoy watching the show to see how many legally actionable offenses they can spot in each episode.

An arrest warrant was issued for New York Knicks player and former Chicago Bull Eddy Curry last month for failing to appear at a Cook County court hearing, but the Associated Press reported that both parties agreed to vacate the warrant.

The troubled basketball star failed to pay the damages of a lawsuit he had lost and was sued for the remaining balance. Mark Belongia, Eddy Curry's lawyer (who is not a New York personal injury lawyer, since it's an Illinois case) said his client and the other party have agreed to a new payment plan.  

Adele Sammarco Loses Sex Harassment Lawsuit Against Time Warner

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Not all New York personal injury lawyers win their cases. Just ask the lawyers representing Adele Sammarco.

Sammarco, 43, sued Time Warner, the parent company of NY1, where she worked as a reporter. She alleged sexual harassment at the hands of the station, after claiming that a colleague, Gary Anthony Ramsay, gave her an unwanted kiss.

Subsequently, she complained to management and was let go, back in 2000. Sammarco alleges that she was wrongfully terminated due to the fact that she complained to management.

Landlord, Superintendent Get Sued After Sex Assault on Tenants

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A sex offender managing a residential building? The thought is enough to send chills down the spine of New York injury lawyers.

Or down anyone's spine, for that matter.

A lawsuit has been filed by the U.S. attorney's office against a convicted child rapist, who has most recently been the superintendent at three Upper West Side buildings in Manhattan. The superintendent, William Barnason, 57, allegedly made unwelcome verbal and physical advances towards several women in the three buildings he managed.

Ex-Desperate Housewife Nicollette Sheridan Sues Producer

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Let the smearing begin!

Although this case takes place in California, New York personal injury lawyers are certainly not strangers to celebrity lawsuits. Former Desperate Housewife, Nicollette Sheridan, is suing the show's creator/producer for battery and assault.

Nicollette Sheridan, who played the sultry and scandalous realtor Edie Britt on the ABC hit show Desperate Housewives, was let go last year when her character was killed off after her car hit an electric pole. Now, Nicollette Sheridan is alleging wrongful termination, in a complaint sprinkled with trifles of assault and battery. Nicollette Sheridan claims that the show's producer, Mark Cherry, hit her in the face when she questioned a script. He then allegedly kicked her off the show when she complained.

Cyclists Get $98K From NYPD

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New York injury lawyers scored a huge victory for five cyclists who were allegedly harassed by New York officers during a monthly cycling ride. 

The cyclists, who were detained and arrested during the 2007 Critical Mass ride will be receiving a total of $97,751, with their New York personal injury attorneys receiving a total of $35,000 of the settlement, in an apparent contingency fee arrangement. 

In a video clip from March 2007, a rider named Richard Vazquez, 55, is knocked off his bike by an NYPD police officer. The officer is then seen arresting Vazquez. Such actions were not uncommon. The NYPD has been quarrelling with the Critical Mass riders for several years. In other years, a man was knocked off his bicycle, resulting in assault charges and the eventual resignation of the police officer.

NY School Liability for Bullying

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New York injury lawyers have many new questions in the wake of the recent school bullying cases. Although the Phoebe Prince suicide case has taken national headlines, New York is not immune to the plague of school bullying. 

Now, New York personal injury attorneys are beginning to ask the question:

When can you hold the school liable for the inadvertence to protect its students from excessive bullying?

Public schools might fall under the legal realm of "municipalities" and the general rule of thumb for municipal tort liability is this:  

"If you owe a duty to all, you owe a duty to nobody". 

Strip-Searched Prisoners Get $33M Settlement

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New York injury lawyers representing thousands of New York inmates are celebrating a $33 million victory today after settling a class action lawsuit against the city of New York.

Two women at the forefront of the suit claimed that they forcefully underwent gynecological exams. Thousands of other people say that they were strip searched in New York city jails.

The plaintiffs in the suit were largely individuals who were arrested on misdemeanor charges.  These individuals were subjected to strip-searches at Rikers Island; among other New York jails.

One of the New York injury lawyers on the case  referred to the intrusive strip-searches as a "mass humiliation" to let prisoners know who was in charge. 

Schoolgirl's Arrest Raises Liability for NYPD

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Poor Alexa Gonzalez. The cherub-faced 12 year old was handcuffed and marched to the precinct for doodling on her desk. 

And no, her doodles weren't malicious or incitative to violence.  Nor were they permanent.  They were innocent, erasable messages of peace, saying "I love my friends, Abby and Faith."  But New York public schools want to show that they're serious about their zero-tolerance policies, even if that means handcuffing an innocent twelve year old girl in front of students and faculty, as tears stream down her cheeks in emotional distress.  Of course, her New York injury attorney is crying 'foul' and promising a lawsuit will ensue in addition to the current ACLU civil rights lawsuit underway.

But Alexa hasn't been the sole New York student that has fallen victim to school security officers.

Boy's New York Injury Lawyer Files Notice To Sue For $2 Mil

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A  is now representing Tyreik Bowers, the 10-year-old boy who was beaten up at his school. He claims that the real bully is the school aide who allegedly had an older student seek out the boy and pummel him.

The New York Daily News reports that Sanford Rubenstein, the family's as a result of the boy's attack. He said, "If any school personnel committed a crime, particularly endangering the welfare of a minor, they must be held accountable."

WPIX reports that the attack in question took place after . The girl allegedly said something about his mother, and he threatened to hit her if she ever said it again. The reports state that after hearing the threat, a school aide, Ayodele Sandiford, told the girl to repeat what she had said. Following her comment, the boy punched the girl.