The Philadelphia Personal Injury Law Blog

Battery / Assault in Philadelphia

Assault and Battery are part of personal injury law, in addition to being crimes. Sometimes, a perpetrator may not be found guilty of the crime of assault or battery but may still be held liable for the tort of assault or battery. While battery involves an offensive touching, assault merely involves the threat or attempt to inflict the offensive touching.

If you've been the victim of assault or battery, you might have a civil claim or a personal injury cause of action. Pennsylvania personal injury lawyers are highly competent in these issues and may help you determine what damages you may be entitled to, for physical injuries as well as for the emotional injuries often involved. Contact a Philadelphia Personal Injury Attorney to discuss your legal remedies.


Recently in Battery / Assault Category

Mistaken Identity Leads to Lawsuit Against Seaford Police

A case of mistaken identity is now leading to a lawsuit against the Seaford Police Department, reports NBC Philadelphia.

A man in Dagsboro has filed suit alleging that two police officers violated his rights in a traffic stop in 2011, when they thought he was someone else. Reginald Johnson claims that he was shocked with an electric stun gun.

The entire incident was caught on Dash Cam. The officers are seen stopping Johnson and asking him to exit the vehicle. They are then seen threatening him with tazing: "We'll taze you!"

When Is a Student Athlete's Injury a Personal Injury Lawsuit?

As much as we don’t want summer to be over, it is getting to be that “back to school” time of year. We all saw the commercials during the Olympics that reminded us that the time was drawing near for the children to head back. You might not have even needed the reminder because your kids are already in their preseason camp or, like the Eagles, have already had a preseason game.

But what happens if your child gets injured on the gridiron? You signed the permission form and had the kids get their physicals, but does that stop you from having any recourse from the school? Not necessarily, because there are injuries that could rise to the level of a personal injury lawsuit.

Live Alligator Mail to Trenton Outdoes Dead Rat Mail in Boston

You may have heard about the transit officer in Boston who was working a side gig pimping and thought that a dead rat in the mail might be a good way to collect on unpaid tricks. It certainly seems like the person who put a small alligator in an express mail package was trying to do the transit officer one better, reports NBC10.

The 12-inch gator was found in a sorting bin and captured without harm to the gator or any postal workers. Postal inspectors say that it's not illegal to ship a gator that is less than 18 inches long, according to NBC10. The question remains, what was the intent of the gator-sender?

Blizzard; Bath Salts by Another Name Make New Mom Crazy in Hospital

Even though bath salts were exonerated in the case of the face-eater, they are still making folks do some crazy stuff. For instance, recently there was another man in Georgia who was running half-naked around a driving range, threatening people with a golf club, reports WSBTV Atlanta. It took six hits of the Taser and at least three officers to hold the man down.

The cake, however, is taken by Ms. Carla J. Murphy of Altoona, who had to be subdued after allegedly smoking “Blizzard” in the maternity ward of the Altoona hospital two days after giving birth to her child, according to the Altoona Mirror. Similar to other bath salts fiends, Murphy stripped naked before her rampage that included striking and trying to bite an officer and kicking a nurse in the chest before being sedated with anti-psychotic drug Haldol.

Man Shoots Friend in Foot, Claims Target Was Groundhog

There must have been some conflict between friends James Sullivan and Barry Guy of Greensburg. That's the only way to explain Sullivan's alleged accidental shooting of Guy in the foot over the first weekend of July, reports The Associated Press.

Sullivan claims that he was lining up a shot on a rogue groundhog when he shot his friend in the foot as he slept on the ground near Sullivan's home, according to WPVI-TV. Sullivan attempted the shot at the groundhog from his porch, and faulted the scope on his rifle for the bullet ending up in Guy's foot.

Sullivan may be under some pressure with the criminal charges against him, but he will probably be under some more when Guy gets the hospital bills for being airlifted to Pittsburgh.

KFC Not Liable for Employee's Pistol Whipping Service

Back in 2007, a Kentucky Fried Chicken counter person decided exactly how long you can stand at the counter without making a decision about what sides you want, according to the Philadelphia Daily News. Michael C. Henry determined that customer Edward L. Harris had wasted the time of the customers behind him long enough, so Henry pulled out his pistol and asked Harris politely if he "want[ed] the f*ing chicken or not?"

Harris responded to Henry's threat with the question of whether Henry was going to shoot him over a bucket of chicken before turning to head for the door, according to the Daily News. At that point, Henry came up behind Harris and then pistol-whipped him in the face.

SEPTA Bus Attack: Classic Battery Situation

Have you seen the video of the SEPTA bus attack? A woman in a pink shirt gets on the bus, and just when she's about to sit down, she jumps across the aisle to start punching and hitting a man sitting on the other side of the bus, according to NBC10.

About 8 passengers watched without trying to stop the woman (you know to stay away when you see crazy), and the man did nothing to fight back, merely blocking the hits with his arms, reports the Philadelphia Inquirer.

Alec Baldwin Punches Photographer; Battery Suit to Follow?

Ok, maybe not all conflict in Alec Baldwin’s life centers on Words with Friends. But the actor best known for his role as Jack Donaghy on 30 Rock, and infamously for refusing to turn off his cell phone on an airplane, is in the news for allegedly punching a photographer, according to The Associated Press.

Baldwin was with his fiancé, Hilaria Thomas, at a Manhattan government office to get their marriage license when the couple was confronted by New York Daily News photographer Marcus Santos and other photographers, According to the AP, Baldwin claims that Santos lunged at him, almost hitting Baldwin in the teeth with the camera lens, according to TMZ. This raises the issue of whether Baldwin would have a self-defense claim if Santos were to file a civil lawsuit.

In Scranton, Water Balloon Fight Leads to Battery?

Over the first weekend in June, Joe Mongeon, a 33-year-old man attacked a 9-year-old boy and then punched the boy's mother in the face after the boy hit Mongeon with a water balloon, according to the Scranton Times-Tribune. The Times-Tribune reports that Mongeon started the water balloon fight with the boy and then became upset after the boy actually hit Mongeon with a balloon.

Mongeon not only got angry, he ran after the boy, pushed him to the ground, and then kicked him on the ground, reports the Times-Tribune. The boy's mother, Helen Flynn, then attempted to stop Mongeon, for which she received a punch to the face.

Camden Court Attack: Revenge Doesn't Make You Less Liable

Tuesday, a relative of murder victim Sophia Ortiz lunged at her accused killer, Julio Martinez, at an arraignment in Camden, New Jersey. The Courier Post reports that during a courtroom hearing, the relative jumped over benches while attempting to attack Martinez before he was stopped and restrained by multiple sheriff's deputies.

What the relative might not realize is that even though Martinez, if found guilty, will have many of his rights taken away, he would still have the right to file a personal injury claim.