Assault & Battery with Entertainment Risk
Assault & Battery are two separate offenses that are commonly mentioned together to describe an unlawful or uncalled for physical act or a threatening/intimidating act against another party. There are distinct differences between assault & battery that you should be aware of.
Assault has been defined as an attempt to harm someone and in some situations, can consists of threats or threatening behavior. Assault is normally an intentional attempt to use some form of violence to harm someone. For someone to be convicted of this crime a criminal act must have taken place. Words alone are not enough to be considered assault. Also, to commit assault, an individual must have a minimum general intent of their actions (meaning someone can act reckless or in a dangerous manner and that can attribute to an assault claim). The main difference between assault and battery is that assault does not require physical contact to be made.
Battery is normally defined as intentional harmful or offensive contact to another person without permission. Claims normally require all 3 of the following take place to be considered battery:
- Lack of permission from victim
- Contact must be offensive/harmful
- Contact must be intentional
Accidentally running into or bumping into someone does not constitute a battery, no matter how offensive the victim may see the action as. Intentionally spitting on someone can be considered battery. Both assault and battery can be characterized as felonies when accompanied by criminal intent or when committed with a dangerous weapon.
As the market leader in providing risk transfer services to the nightlife industry, you can rest assured that by partnering with Entertainment Risk you are doing business with a company that thoroughly understands the nightlife sector. Assault & Battery is one of many of our coverage options available for the hospitality industry. We stay up to date to with all the changes in the industry. We will diligently work with you to procure the proper protections for your client and supplement those protections with a suite of services unparalleled in this industry. If you feel you’re a broker with that would benefit from a partnership with Entertainment Risk, then contact us today!