Assault –


[1] Elements and Case Citations

(1) Defendant made an intentional, unlawful offer of corporal injury to plaintiff by force, or force unlawfully directed toward plaintiff’s person;

(2) Defendant’s actions created a fear of imminent peril; and

(3) Defendant had the apparent present ability to effectuate the attempted action.

____________________________________

Florida State Courts

First District: Lay v. Kremer, 411 So. 2d 1347, 1349 (Fla. 1st DCA 1982)

Third District: Boschetti v. Landon, 660 So. 2d 365, 366 (Fla. 3d DCA 1995)

Fourth District: Sullivan v. Atlantic Federal Savings & Loan Assoc., 454 So. 2d 52, 54 (Fla. 4th DCA 1984), rev. denied, 461 So. 2d 116 (Fla. 1985)

Florida Federal Courts

Middle District: Pucci v. USAir, 940 F. Supp. 305, 309 (M.D. Fla. 1996)

References

Restatement (Second) of Torts § 21 (1965)

[2] Defenses to Claim for Assault

(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other standard defenses. See § 60.

(2) Statute of Limitations: § 95.11(3)(o), Fla. Stat. (four years).

(3) Self defense is an absolute bar to liability for assault and battery when defendant used force reasonably necessary in response to plaintiff’s actions. See Etcher v. Blitch, 381 So. 2d 1119, 1119 (Fla. 1st DCA 1979), cert. denied, 386 So. 2d 636 (Fla. 1980); Price v. Gray’s Guard Serv., Inc., 298 So. 2d 461, 464 (Fla. 1st DCA 1974), cert. denied, 305 So. 2d 208 (Fla. 1974).