Under the common law, assault was divided into two causes of action:
- (1) assault
- (2) battery
Most Texas courts have classified both causes of action as “Assault,” referring to the two common law causes of action as one single term. Therefore, Assault in Texas recognizes three theories of liability:
- (1) Infliction of Bodily Injury
- (2) Offensive Physical Contact
- (3) Threat of bodily injury.
In Texas, when we talk about civil assault liability, we’re essentially discussing how someone can be held responsible for harming another person or even just making them fear they’re about to be harmed.
1. Inflicting Bodily Injury
This occurs when someone actually causes physical harm to another person. Think of it as any situation where one person’s actions lead directly to another person getting hurt. The injuries can occur because of a fight or attack, where the harm was clearly foreseeable. Or they may occur with something as simple as pushing someone in a way that causes them to fall and get seriously injured. Infliction of Bodily Injury also includes suing for injuries sustained as a result of a sexual assault.
2. Offensive Physical Contact
This theory of liability includes situations where someone is touched in a way that might not cause a physical injury but the contact is still unwanted and considered offensive or inappropriate. The key distinction from the infliction of bodily injury theory of liability is that the contact doesn’t have to hurt physically to be actionable. It’s about personal space and respect. For example, if a supervisor, administrator, stranger, etc. touches you in an inappropriate manner it would likely be actionable as assault for offensive physical contact.
3. Threat of Bodily Injury
This theory of assault liability encompasses intimidation or making someone reasonably afraid that they’re going to be hurt. There doesn’t have to be any physical contact at all. For example, if someone points a gun at another and that person believes they’re about to be shot. It’s the fear and anticipation of harm that is actionable, even if no one is physically touched.
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