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Battery / Assault in Boston

Battery / Assault is most often thought of as a criminal law issue, but if you have been the victim of a battery or assault you may also have a personal injury case. In personal injury cases, battery and assault are known as "intentional torts."

The elements of the intentional torts of battery and assault are generally the same as the elements of the crimes battery and assault, but the required intent is different and the burden of proof necessary to find a defendant guilty is lower in a personal injury case. A Boston Personal Injury lawyer can help you understand the differences and protect your rights.

Recently in Battery / Assault in Boston:

Cambridge Man Kicks Nun in Somerville

This isn’t your classic personal injury story but it’s worth a read. A man in Somerville has been arrested for kicking a nun, reports Wicked Local.

So, where’s the personal injury aspect of this story, you ask? After all, an arrest is a criminal case. True. But he was arrested for assault. And assault can also be a tort, i.e. a personal injury claim.

Homemade Bombs on Bridgewater Lawn: New Leaf Clearing Method?

There might be some signs of fall, but the leaves haven’t started to fall yet. Maybe one person in Bridgewater was experimenting a new way of clearing a lawn, using the neighbor’s lawn as a testing site.

The bomb squad had to be called out to a Bridgewater home when two homemade explosives detonated on the lawn, burning the grass, according to WHDH-TV. A third device, made from a soda bottle and chemicals had to be detonated by the bomb squad. Investigators believe the explosives were set because of a property dispute between the two neighbors.

What liability would the bomb-maker face if the explosive had hurt someone?

Back to School: Liability for Sports Injuries, Who Pays?

As the commercials on television started to tell us at the end of July, it is back to school time again. Time for the kids to get their supplies and attempt to read their summer reading list in five days. Or it could be that you have a student athlete that already started their preseason camp and games like the Pats that has you acutely aware of the upcoming school year.

No matter how you know that the school year is upon us, it is good to know what your school could be liable for if your student athlete is injured. While it is generally true that a school or coach is not at fault when a student is harmed during practice or a game, there are certain situations that could make the school liable in a personal injury lawsuit.

From Bath Salts to Salt and Ice Challenge, What Will Kids Do Next?

If you are scared that your kids are up to no good, you're probably right. Now that the Internet has its ubiquitous place in a majority of households, schools, and libraries, it is easier than ever for stupid kid dares to spread across the country.

Ponder this, the movie A Christmas Story showed the world the ever-present dare to stick your tongue to something metal when it's cold, but that required you to actually go to a movie theater or rent the movie (yes, now it is played ad nauseum at Christmastime, but we're talking about when it came out). Now, a kid can punch "dare" into Google or YouTube and have any number of insane things pop up.

Milford Guidance Counselor Chases Kids with Car; Wrong Guidance!

Kids these days, you know?

As each generation gets older, the younger ones always bear the brunt of the “darn kids” statements. As far back as the ancient Greeks, old people were complaining about how the youth of the day would not amount to anything.

It seems like this was the situation in Framingham on July 7th, when Peter Bruce yelled at three boys to get out of a parking garage and then chased them out of the garage with his car, reports A man living nearby called the police after witnessing the event, which he saw as Bruce chasing the boys and one of them falling while trying to escape.

Road Rage Leads to Shooting But was it Self-Defense?

Some people just take their anger out on the road. You all know someone that is mild-mannered in person, but once in a car they change. They don't become Superman or Supergirl, but instead a raging lunatic, yelling at anyone they believe to be wrong.

Usually if you are in this situation, and the driver's wife or husband is in the car, you will often hear "don't drive like that, someone is going to shoot you." Now there is a road rage story for those concerned spouses: a 16-year-old girl from Maine was shot on vacation in Merrimac most likely because the driver of her car was being slightly rude to another, according to the Boston Globe.

Don't Worry, Your Rat's in the Mail

Finally, the mail has arrived. You're hoping it's that new pair of fuzzy slippers you got on sale from Amazon. You reach in the box and feel something fuzzy, but it's not a slipper, it's a rat!

This may sound insane, but it's based on the recent resignation of MBTA Transit Police officer Gregg Thorpe, who is linked to an incident where a Boston man was mailed dead rats, according to the Boston Herald. Apparently, Thorpe resigned after being on suspension for his link to the dead rats and then being found with a known lady of the night in a Logan Airport parking lot.

There seems to be a lawsuit here, let's see what the options are.

Wes Welker Tackled Off the Field, Battery?

Wes Welker, the Patriots' wide receiver, was out in Colorado just trying to have some fun by crashing a party associated with the Aspen Food & Wine Classic, according to the New York Post. Welker and his buddies tried to get into the PatrĂ³n tequila sponsored event, like anyone would, and were asked to leave by security.

After security was unsuccessful in asking nicely, they were forced to physically restrain Welker and his group to break up a potential fight, reports the Post. The police did not arrest anyone in the group, as it is likely the excuse "the guy's getting married, we're just trying to have a little fun" was used to great success.

Would a Zombie Apocalypse Affect Wrongful Death Claims?

If there's been anything you've read on the Internet, it's probably that the zombie apocalypse is upon us. There are articles about how to survive it, what foods to eat, and finally a response from the Centers for Disease Control (CDC) letting us know that there is no such thing as a zombie apocalypse.

According to Time, much of the hype has been stemmed from the rash of human body eating and mutilation crimes reported in a very short time span. There was the bath-salts face eating, then there was the man that stabbed himself and threw his intestines at police, and of course, the student in Baltimore that ate his roommate's heart and brain. And those were only some of the incidents that started this whole zombie thing.

So what would a zombie apocalypse mean to the personal injury world?

Early Saturday, Agawam police accidentally shot a 21-year-old woman while responding to a 911 call about a break-in and domestic assault at an apartment building, The Associated Press reports.

According to authorities, police heard shouting and the sound of breaking glass coming from inside the apartment.