Battery as a Cause of Action in New York

In New York, a person who has been physically touched in a way that is harmful or offensive can sue for battery. Unlike assault, which is about the fear or threat of harm, battery is about actual physical contact. It does not require the victim to be injured—only that the contact was unwanted and offensive. To succeed in a battery claim, the plaintiff must prove three key elements.

Intentional Act

The first requirement is that the person who made contact did so intentionally. This doesn’t mean they intended to harm the other person, but they must have meant to make physical contact. If someone accidentally bumps into you on a crowded subway, that’s not battery. But if they shove you to get past you, that might be. The law uses the standard of what a reasonable person would consider offensive or inappropriate contact to determine whether intent existed.

Bodily Contact

The second element is that actual physical contact must have occurred. This can be any kind of touching, whether it’s with a hand, an object, or even something set in motion by the person (like throwing a drink). The contact doesn’t need to be violent or painful. Even a light touch can qualify as battery if it’s unwanted and meets the other criteria.

Offensive Nature

Third, the contact must be considered offensive. The standard is whether a reasonable person in the same situation would find the contact objectionable or improper. For example, touching someone in a rude, aggressive, or disrespectful way—even without causing harm—can be enough to meet this requirement. What’s considered “offensive” can vary depending on the context, such as the relationship between the parties and the setting in which the contact happened.

Conclusion

Battery under New York law is a civil wrong that centers on bodily contact that is intentional and offensive. The person bringing the lawsuit doesn’t need to prove injuries or lasting harm, just that the contact was deliberate and unacceptable by normal social standards. This cause of action can apply to a wide range of situations, from workplace misconduct and school fights to inappropriate contact by professionals. Understanding the elements of intent, contact, and offensiveness is crucial for anyone pursuing or defending a battery claim in New York courts.

Find the Law

“The elements of battery are: an (1) intentional (2) bodily contact that was (3) of an offensive nature (Messina v Alan Matarasso, M.D., F.A.C.S., P.C., 284 AD2d 32 [1st Dept 2011]; Cerilli v Kezis, 16 AD3d 363 [2d Dept 2005]). The Court of Appeals has specified that the first element of intent is satisfied by an intent to cause a bodily contact that a reasonable person would find offensive (Jeffreys v Griffin, 1 NY3d 34, 41 n 2 [2003] [internal quotation marks omitted]).” Vasquez v. Manhattan Physician Grp., 2018 N.Y. Slip Op. 30157, 11 (N.Y. Sup. Ct. 2018)