Oregon Personal Injury Lawyer blog explains Oregon law on intentional torts and negligence in a new series of posts on jury instructions. Using civil trial instructions given by judges in our state’s circuit courts, these posts aim to demystify common personal injury claims.
Jury Instruction: Assault
An assault occurs when (1) one commits an act intending to cause a harmful or offensive contact with the person of another, or to cause a belief by the other person that a harmful or offensive contact may immediately occur, and (2) the other person reasonably believes that such a contact is likely to occur immediately.
What is assault?
It’s common to hear people talk about “assault and battery.” Although the two often go together, they’re not one and the same. But what’s the difference? How can you tell if someone has battered you, assaulted you, or both?
In Mays v. Huling Buick Co., 246 Or 203, 205, 424 P2d 679 (1967), the Oregon Supreme Court pointed out that the “simplest area of tort law is that on the intentional infliction of physical harm. As more than one law teacher has observed, everyone can understand a punch in the nose.” It’s the punch—or any other offensive touching—that is a battery.
Threat of harm is enough
Assault does not require any contact between the plaintiff and defendant. Instead, the tort of assault protects the victim against the threat of physical harm. If an aggressor causes a victim to reasonably believe that a battery is about to be committed against him or her, then the victim has been assaulted. In such a case, the victim has a legal right to recover damages—even if the aggressor doesn’t carry out the threat.
Contact an Oregon personal injury attorney
If an assault, battery, or other wrongful conduct has been committed against you or a loved one, contact our Portland injury law office. We provide an attorney consultation at no cost to evaluate your potential case. Call toll free (800) 714-3204 or use our online attorney contact form.
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