The Elements for a Claim of Battery

In Nevada, the elements for a claim of civil battery are:

  1. Willful and unlawful use of force or violence upon the person of another (causing a harmful or offensive contact with another person);
  2. Defendant intended to cause harmful or offensive contact;
  3. Such contact did occur; and
  4. Causation and damages.

Graham v. Connor, 490 U.S. 386, 109 S. Ct. 1865 (1989); Yada v. Simpson, 112 Nev. 254, 913 P.2d 1261; Switzer v. Rivera, 174 F. Supp.2d 1097, 1109 (D. Nev. 2001); Burns v. Mayer, 175 F. Supp. 2d 1259 (D. Nev. 2001) Murphy v. S. Pac. Co., 31 Nev. 120, 101 P. 322, 334 (1909); Restatement (Second) of Torts, §§ 13 and 18 (1965).

 

See elements for other claims at the Nevada Law Library

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