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

Cost of Lawsuits Against NYPD, City, Up Five Percent

By nearly every measureable statistic, lawsuits against the City of New York, and against the NYPD are hitting record highs and could lead to increased strain on the city’s budget, reports the New York Daily News. For the most recent year that figures are available, July 1, 2010 through June 30, 2011, there were 8,832 suits filed against he NYPD alone - many as a result of the oft-criticized stop-and-frisk policies.

In terms of dollars and cents, the city paid $550.4 million in personal injury and property claims, $185.6 million of which came from NYPD lawsuits. Per NYC resident, that comes out to $70 each and is a 5 percent increase year-over-year.

Another Stop and Frisk Lawsuit, Harder to Prove Than the Last

The problem with lawsuits is that you eventually have to prove your claims. Now, this is not to say that Hadiyah Charles' claims are not true. It's just going to be really difficult to actually win.

Charles was walking home in Bedford-Stuyvesant earlier this year when she ran across two of New York's finest, who were allegedly harassing a trio of black teenagers. The teens were reportedly fixing a bicycle. The officers stopped-and-frisked, Charles filmed with her cell phone, and she ended up in jail on disorderly conduct charges that were later dropped, reports Reuters.

Lawrence Taylor Victorious in Prostitute's Lawsuit; Was Jury Wrong?

Last Friday, Lawrence Taylor emerged from the courthouse with a grin on his face and an El Titan De Bronze Redemption cigar in his mouth. The jury took only fifty minutes to dismiss the lawsuit against him, reports the New York Daily News. The plaintiff Christine Fierro, who was just 16-years-old when Taylor paid to have sex with her, was seeking damages for battery and gender-motivated violence.

The criminal case against Taylor was resolved earlier with a relative slap on the wrist. For patronizing a prostitute and having sex with a minor, he received only six years of probation and the lowest possible sex offender classification. Reasonable minds could certainly dispute whether that sentence was appropriate, as he testified that she told him that she was nineteen and the sex was reportedly consensual.

But there's a difference between consensual and legally consensual however, which is why the jury may have made a mistake in their quick dismissal.

Pizza Delivery Rapist, Pizzeria, Condo, Doorman, Sued for Attack

Late last month, 16-year-old Caesar Lucas was arrested after he allegedly sexually assaulted a woman while making a pizza delivery. According to news reports, he checked for an unlocked door after making the delivery and came across the victim, who was sleeping next to her 7-year-old daughter. She awoke with Lucas assaulting her. He apologized, grabbed her iPhone, and took off.

We were amazed that Lucas was still employed by Sal’s Pizzeria. Back in August, he was arrested after stealing a wallet out of an unlocked apartment while on a delivery. Most employers would have fired him immediately, or reassigned him pending the outcome of the criminal case. It turns out, however, that he is the son of the owner, according to the New York Daily News.

Parent of 'Horndog High's' Victim Sues for $10 Million

The mother of student Kevin Eng followed through on her earlier promises to sue, after James Madison High School (commonly referred to as Horndog High) teacher Erin Sayer, 35, had inappropriate sexual relations with the then 16-year-old student, reports the New York Daily News. She is seeking $10 million for the damage to her son.

Some "brilliant" blogger already covered the criminal aspects of the Sayer case on our sister blog, but here is the short version: teacher had numerous sexcapades with a student in her SUV and classroom, shared her weed, and was caught because the duo were exchanging Facebook messages and the victim's suspicious girlfriend hacked his account.

Notorious Mickey D's: Is Restaurant Liable for Violent Patrons?

Are these random acts of violence or a disturbing pattern? In March, a man was attacked at the "notorious McDonald's" in the West Village by two people shouting gay slurs. Last October, a cashier beat down a couple of rowdy customers who slapped him and tried to cross the counter. And earlier this year, also in March, a St. Patrick's Day brawl on the sidewalk again called the restaurant's safety into question.

Last night, a patron let loose with a few homophobic slurs before taking out a razor blade and slicing another customer's elbow, face, neck, and back, reports 1010 WINS. The victim was stitched up at Bellevue Hospital and will survive. Meanwhile, the restaurant's reputation as a danger spot is growing.

Catty Slap During Fashion Week Leads to Dropped Knowledge, Lawsuit

It's about to be a what? Girlfight! A slap heard 'round the fashion world earlier this week has led to a $1 million injury lawsuit.

The Fashion Week fracas can be traced back to the FDNY. Moments before show time, fire marshals removed about 60 seats, mostly from the front row, of the Zac Posen show at Avery Fisher Hall. Veteran publicist Lynn Tesoro, who has worked for Ralph Lauren, Calvin Klein, and Giorgio Armani, tried to handle the situation as her vast experience dictated, reports Women's Wear Daily.

Jennifer Eymere, the editor of French fashion mag Jalouse, was upset that her mother didn't have a seat after the fire marshal mix-up. The argument eventually escalated to the point where Eymere reportedly slapped Tesoro after Tesoro allegedly spoke rudely to the French ladies. When asked about the slap, Eymere told Women's Wear Daily that she warned Tesoro not to be rude to her mom. When Tesoro persisted, she let loose with a little physical reinforcement.

Cops Caught on Camera Beating 'Suspect', Get Sued

Luis Solivan, 19, was walking home when the NYPD cruiser pulled a high-speed U-turn. He has no idea why, but he took off. According to his lawsuit, he was unarmed and not breaking any laws.

When cops see you run, they are bound to chase. Call it training, or even a Pavlovian reaction. When they caught up with him, the situation became violent, reports The New York Times.

Judge Raffaele, Is It Time To Reconsider an Excessive Force Lawsuit?

Do you remember this case? A judge calls 9-1-1 to protect the cops from an unruly crowd and gets karate-chopped in the throat by the on-scene cops as a reward? Yeah, that was a bad day for him.

At the time, Judge Thomas D. Raffaele stated:

"I do feel that it's important for this person to be disciplined. I don't know if he should be an officer or not -- what he was doing was so violent."

Yep. Sorry, Judge. But that's not happening, according to The New York Times.

NYPD Faces More than Politics After Excessive Force Against City Official

The cops behind the claim of excessive force used on the former “director of public affairs for the office of public advocate” (what a title) apparently understood badges about as well as this guy. According to the New York Daily News, the cops’ alleged overly violent arrest is about to become the subject of a lawsuit against the city. The officers involved were previously disciplined by the department after an internal affairs investigation verified the excessive force complaints.

According to the Daily News, the former city aide, Kirsten John Foy, and a city councilman, Jumaane D. Williams, were participants in last year’s West Indian parade. An officer along the parade route gave them permission to cross a “frozen zone”. Unfortunately, that permission was not communicated to other officers in the area.