QUESTION:
Can I be convicted of battery for throwing a glass of water at a drunk guy in a bar? I was ticketed when I threw water at a drunk who was mouthing off at a bar. The called the cops who ticketed me without even going inside or questioning anyone.
ANSWER:
Intentional torts governed by § 815.3 include, but are not limited to, harassment, sexual battery and intentional infliction of emotional distress. Liability may arise if it is proven that causation was present in the case at bar. “Causation” is an essential element of a tort action. Defendants are not liable unless their conduct (i.e., act or omission constituting a breach of duty to plaintiff) was a “legal cause” of plaintiff’s injury. [Saelzler v. Advanced Group 400 (2001) 25 C4th 763, 772, 107 CR2d 617, 623; PPG Industries, Inc. v. Transamerica Ins. Co. (1999) 20 C4th 310, 315, 84 CR2d 455, 458–459; Whiteley v. Philip Morris Inc. (2004) 117 CA4th 635, 696, 11 CR3d 807, 858].. Legal causation is generally a question of fact to be determined by the jury … unless, as a matter of law, the facts admit of only one conclusion.
On the other hand, the cops may also be held liable for the omission to make prior inquiries regarding the incident. In one case, it was held, to wit: Similarly, police officers who made the discretionary decision to investigate a murder suspect were not protected from liability for their negligent investigation that caused the suspect to be detained in a Mexican jail for 59 days despite strong evidence the officers had fingered the wrong person. [Martinez v. City of Los Angeles, supra, 141 F3d at 1379]]. It would be best to seek personal assistance from a lawyer who can guide you in defense to the above-mentioned personal injury claim.
