Assault, Battery and Other Intentional Torts

When a person causes injury with an intent to harm another, it is called an intentional tort. These legal claims involve assault, battery and false imprisonment. Additionally, intentional torts include conversion, intentional infliction of emotional distress, fraud and trespass.

Assault is an intentional act or threat which instills fear of imminent physical harm in an individual. No touching needs to take place—the threat alone is sufficient.
Battery is when a person uses force against another without his or her consent. Physical contact is required for this tort.
False imprisonment is when a person prevents another from moving without consent. The confinement must be non-consensual and must be intentional on behalf of the wrongdoer. The victim must also know that he or she is being held without consent and has no available means of escape.
Conversion requires that (1) the Plaintiff must have greater right to the property than the Defendant; (2) there was a wrongful taking by the defendant without consent of the Plaintiff; (3) Possession by the Defendant which is inconsistent with the Plaintiff’s rights; and (4) Damage to the Plaintiff.
Trespass occurs when a person intentionally: (1) enters the land or causes another to do so; (2) remains on the land when asked to leave; and (3) fails to remove from the land a thing he is under a duty to remove.

Results in Personal Injury Matters

  • $27 million settlement in matter involving the close head injury of a two-week-old child. Read about this case as reported by the Waco Tribune Herald, KCEN-TV, Meat & Poultry Magazine and Topverdict.com.
  • $15 million settlement reported in matter involving the injuries of an ATF agent in the Branch Davidian raid. Read about this case on Justia.com.
  • $1.5 million settlement reported for the injuries caused by a straw purchase of a gun at a pawn shop. Read about this case as reported by the Waco Tribune Herald, and MoreLaw.com.
  • $800 thousand verdict for motorcycle driver with broken femur involved in collision with a car.

We are proud of our results reported above, but please note that prior results do not guarantee a similar outcome. Each matter depends on the facts of the case.

Assaulted in Waco

Torts like assault and battery can cause many different types of catastrophic injuries, including:

The following Dunnam and Dunnam attorneys regularly represent people and companies involved in intentional torts: