People often enjoy playing violent games with their friends, such as punching shoulders or even harsher games. These activities are designed to test your endurance and show that you are stronger than others. In some instances, a person injured in these games may try to pursue a lawsuit. These cases are difficult and require a careful understanding of liability and defense.
Battery Is A Complex Situation
Playing a punching game with friends, such as Bloody Knuckles or some form of a violent game, may get out of hand. A losing person may feel like you took the situation too far and try to claim that you committed battery against them. In this case, you would be charged with simple battery because you used offensive physical contact against the plaintiff.
You were also aware that the contact would cause harm to the person, which places the case in a situation that could be considered battery. However, it is essential for the plaintiff to prove that you had liability in this case and behaved in a way that was inappropriate.
Liability May Seem Basic
Unlike many types of crimes, liability in battery can seem basic. For example, it requires a person acts with conscious and voluntary intent to contact the plaintiff in a harmful way. The intense to harm must be proven. It must also be shown that the act was done in a wanton or indifferent way that deliberately did not take the well-being of the plaintiff into consideration.
However, liability in your case is more complicated because of the situation. Playing a punching game with friends creates a situation in which the plaintiff was participating of their own free will. As a result, liability is often complicated in these kinds of cases and makes defense a little bit easier for you.
Defense In These Cases Is Possible
In this type of case, there is a good chance that the plaintiff will lose. That's because you can argue that they gave you consent to perform violent actions against them. Consent is one of the five defenses that are used in a criminal battery case.
It states that the person who was injured gave you permission to perform violent actions against them. Willfully participating in this kind of game waives your liability, unless you behaved in a way that the court deems was excessive for the game. The plaintiff may also try to argue that they were coerced into participating in the game, which will complicate your defense if true.
So if you are worried about getting involved in one of these cases, please contact a professional personal injury attorney. They will examine your case and work hard to help you win.Share