Assault and battery are serious intentional torts that can result in significant physical and emotional harm. While often used interchangeably, assault is the intentional act of causing a person to fear imminent harmful contact, while battery is the actual intentional, offensive, or harmful contact itself. At Berkowitz & Weitz Law, P.C., we are dedicated to helping victims of assault and battery pursue justice and secure the compensation they deserve.
Understanding the Difference: Assault vs. Battery
- Assault: A threat of force or violence that causes a reasonable fear of imminent harm. No physical contact is required. An example is a bouncer saying, “I’m going to punch you in the face,” causing a patron to reasonably fear a punch.
- Battery: The intentional, unwanted, and offensive physical contact itself. Battery can be direct, such as a punch, or indirect, such as throwing an object that hits another person.
These two torts often occur together, but it is crucial to have an experienced attorney to advise you on which claims to pursue. We handle cases ranging from disputes between individuals to incidents occurring in a bar, club, or restaurant.
How We Build Your Civil Case
In New York, the burden of proof for a civil assault or battery claim is a “preponderance of the evidence,” which is a less stringent standard than in a criminal trial. This means we must prove it is more likely than not that the defendant’s intentional actions caused your injury.
Our attorneys will build your case by:
- Gathering Evidence: We collect critical evidence such as witness testimonies, surveillance footage, and police reports.
- Assessing Damages: We work with medical and financial experts to calculate all of your losses, including:
- Past and future medical expenses
- Pain and suffering
- Emotional distress
- Lost income and reduced earning capacity
The Cost of Legal Representation
We understand that you may be concerned about the cost of hiring an attorney. Our firm operates on a contingency fee basis, which means you won’t pay any legal fees unless we successfully recover damages on your behalf.
Contact Us for a Free Consultation
If you or a loved one has been a victim of assault and battery, you have powerful legal rights. Contact us today for a free, confidential consultation. Our experienced team will review your case, explain your options, and help you take the next steps toward a full recovery.
When you go out for an evening in New York City, you have a right to expect a safe environment. Unfortunately, poor management or a lack of security can turn a night of fun into a devastating ordeal. If you were injured due to negligence at a bar, club, or restaurant, you may have a valid claim. Our NYC bar, club, and restaurant liability attorneys are here to hold negligent parties accountable and fight for the compensation you deserve.
Understanding the Duty of Care
Property owners, managers, and staff of these establishments have a legal duty of care to protect their patrons from foreseeable harm. This responsibility extends beyond basic cleanliness and includes protecting against accidents and dangerous behavior. When they fail in this duty, and a patron is injured as a result, they can be held liable.
Injuries & Negligence: What Constitutes a Claim?
Liability in these cases can arise from a number of negligent actions or inactions. Our legal team is experienced in investigating and litigating a wide range of claims, including:
- Slip and Fall Accidents: Injuries caused by wet floors, broken stairs, poor lighting, or other hazardous conditions.
- Negligent Security: When inadequate staffing, poor security training, or a failure to install cameras or other safety measures leads to a foreseeable crime.
- Assault and Battery: Injuries sustained from a fight, either by another patron or a bouncer, when the establishment failed to maintain order.
- Over-Serving Patrons: Accidents caused by visibly intoxicated individuals who were negligently served too much alcohol. In New York, this falls under Dram Shop Law, which holds establishments liable for the actions of their intoxicated patrons. The New York State Liquor Authority is the government body that oversees these regulations.
- Food Poisoning: Sickness or injury from contaminated food or beverages.
How We Build Your Liability Case
Proving negligence requires more than just showing you were injured. Our attorneys work to establish a direct link between the establishment’s negligence and your injuries. We do this by:
- Gathering Evidence: We collect incident reports, security camera footage, eyewitness statements, and employee records.
- Proving Foreseeability: We investigate the establishment’s history of similar incidents to prove they should have known of the danger.
- Calculating Damages: We work with medical professionals and financial experts to calculate all of your losses, including medical bills, lost wages, and pain and suffering.
Contact Us
Please call us for a free consultation and we will be happy to discuss any potential case with you.