Due to the ongoing COVID-19 coronavirus pandemic, cities throughout California and the country have asked citizens to wear masks when outside the home, specifically in places such as stores where they may come in contact with others. The goal of the masks is to help prevent the spread of the coronavirus. Many California stores are requiring masks before customers are permitted to enter the store.
Recently, a Van Nuys security guard was injured by two men who were not wearing masks inside the local Target. According to ABC 7 News, several security guards had to escort two men from the store because they refused to wear masks. During this attempt to get them to leave the store, the two men turned around “and started hitting one of the guards.” As a result of the altercation, the guard suffered a broken arm. The two men suspected of causing the injuries were later arrested and are facing criminal charges. Although these men are currently facing criminal charges, the injured security guard can also bring a civil claim against them for his personal injuries that resulted from their attack.
If you are injured by another person, you can bring a personal injury claim against that person for the harm they caused. Many times harm is caused accidentally or due to a person’s negligence, but sometimes, harm is caused on purpose. In legal terms, this is called an intentional tort.
There are several types of intentional torts including:
- Intentional infliction of emotional distress
- False Imprisonment
When it comes to intentional torts, the person making the personal injury claim must show that more likely than not (the legal standard of proof in a civil case) the defendant acted intentionally, willfully, or on purpose and that action is what caused the injury.
In a case like this one, the injured security guard will likely try to argue that he was a victim of battery. When it comes to civil liability for battery, the men can be held liable to the guard if the guard shows that the men 1) acted intentionally, 2) their actions caused harmful or offensive contact, 3) that resulted in injuries. So, the guard would likely argue that the two men’s intentional acts of punching and pushing (which shows contact with his body) resulted in his broken arm. If they are found liable to the guard for causing his injuries, they will be responsible for paying financial damages. They can be liable for these damages in addition to any criminal charges they may also be facing.
When a person is found liable to another for causing their personal injuries, they are responsible to provide financial compensation to the victim for their damages, a legal term for losses. Damages available to a victim of an intentional tort or other personal injury include medical expenses, rehabilitation/physical therapy costs, lost wages, lost earning capacity, loss of enjoyment of life, pain and suffering, and others.
If you have been injured by another person, due to their intentional acts like in this case, or even their negligent actions, you should contact a skilled Van Nuys personal injury attorney right away who can help you get compensation for your injuries. At Walch Law, we have years of experience handling all types of personal injury cases, including those cases where the injury was caused by an intentional tort like battery. We can talk about your specific case during a free case consultation and help answer your personal injury questions so call us today at 866-465-8792!