Battery –
[1] Elements and Case Citations
(1)
Defendant committed acts intending to cause harmful or offensive contact with plaintiff or causing plaintiff to be in imminent
apprehension of such a contact; and
(2) Defendant made an offensive contact with plaintiff.
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Florida State Courts
Second District: Chorak v. Naughton, 409 So. 2d 35, 39 (Fla. 2d DCA 1981)
Third District: City of Miami v. Sanders, 672 So. 2d 46, 47 (Fla. 3d DCA
1996), rev. denied, 683 So. 2d 484 (Fla. 1996)
Fourth District: Sullivan v. Atlantic Federal Savings and Loan Assoc., 454 So.
2d 52, 54 (Fla. 4th DCA 1984), rev. denied, 461 So. 2d 116 (Fla. 1985)
Fifth District: Paul v. Holbrook, 696 So. 2d 1311, 1312 (Fla. 5th DCA 1997)
Florida Federal Courts
Southern District: Vernon v. Medical Mgmt Assoc. of Margate, 912 F. Supp.
1549, 1566 (S.D. Fla. 1996)
Middle District: Geidel v. City of Bradenton Beach, 56 F. Supp. 2d 1359, 1367
(M.D. Fla. 1999)
References
Restatement (Second) of Torts § 18 (1965)
[2] Defenses to Claim
for Battery
(1) Fla. R. Civ. P. 1.110(d) (pleading affirmative defenses), and other
standard, defenses. See § 56.
(2) Statute of Limitations: § 95.11(3)(o), Fla. Stat. (four years).
(3) Knowing consent given in an interpersonal relationship is a legal defense
to battery unless such consent was procured by fraud or deceit. See Hogan v. Tavzel, 660 So. 2d 350, 352 (Fla. 5th DCA 1995), rev. denied,
666 So. 2d 901 (Fla. 1996).
(4) Negligence, recklessness, failure to act or an omission creating a risk
that contact may occur does not constitute a battery. See e.g., Sullivan v. Atlantic Federal Savs. and Loan Assoc., 454 So. 2d 52, 54 (Fla. 4th
DCA 1984), rev. denied, 461 So. 2d 116 (Fla. 1985).
(5) Police officers enjoy a complete defense to a claim for battery when an officer
employs reasonable force under the circumstances. See City of Miami v. Sanders, 672 So. 2d 46, 47 (Fla. 3d DCA 1996), rev. denied,
683 So. 2d 484 (Fla. 1996).
(6) 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 638 (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).
(7) A land owner is authorized to use reasonable and appropriate means to
eject a trespasser that refuses to depart on request. See Holley v. Kelley, 91 So. 2d 862, 864 (Fla. 1957).
