We’ve all heard of the Central Park Karen video, where a cell phone recording shows a woman threatening to call the police on a man who asked her to leash her dog in an area where leashing of pets is required. When the woman refused and began to call 911, the victim, Christian Cooper, whipped out his phone and began to record. And just like that, he captured the woman lying to the 911 operator by saying “There is an African American man—I am in Central Park—he is recording me and threatening myself and my dog. Please, send the cops immediately!”
Nowadays, smart phones make it easy to capture proof of an incident right as it’s happening. This can serve as valuable evidence if the person is harmed or falsely accused of doing something by another individual. However, it’s more than likely that the other person will object to you recording them. In fact, they may get in your face and threaten you or try to grab the phone out of your hand. If you’ve been the victim of such an incident, you may be asking yourself:
- My phone was slapped / grabbed out of my hand while I was recording. Can I sue?
- I was injured while I was recording an incident on my cell phone. Can I press charges for assault?
- If a store employee slaps a phone out of my hand, can I sue the store?
It’s essential to learn about your rights and legal options from a law firm that’s experienced in assault and battery lawsuits. Contact us right away for a free consultation with one of our legal experts.
Is it Illegal for Someone to Grab or Slap a Phone out of Your Hands?
Yes, it is illegal for someone to forcibly take your cell phone away from you or try to knock it out of your hands. There are two elements of a crime that may be involved here: assault and battery. First let’s talk about assault, which is an attempt or a threat to commit acts of bodily harm. So, if you were recording someone, and they come up to you with their fists clenched and muttering, “I’m going to mess you up if you don’t put that phone away,” that is a form of assault.
Battery, on the other hand, is the actual application of physical violence. In most cases, a situation of assault escalates to battery (i.e., there is a threat followed by an act of violence). However, this is not always the case, as the person being recorded may come up to you and immediately slap the phone out of your hand. They may also try to take the phone out of your hand, which involves physical contact that you did not invite. As a result, this can still be viewed as an act of battery, with or without assault.
Should I Call the Police?
Yes, it’s a good idea to call the police, even though you’re not legally required to do so. First and foremost, police intervention is required if you plan on filing criminal charges for assault and battery. A police report can also help you in a civil case, which you can pursue even if you don’t file criminal charges. Or, you may decide to file a lawsuit first, which can establish a solid foundation for a criminal case. But even if your attacker is found “not guilty” in a criminal trial, you can still seek monetary damages through a civil lawsuit.
No matter which course of action you choose, a police report can serve as valuable evidence. Furthermore, the defendant can’t use the fact that you did not call the police to hurt your credibility. Thus, it’s in your best interest to contact the police (or ask someone else to call if your phone is damaged / stolen) if you’ve had a phone forcibly grabbed or slapped out of your hand.
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Your Right to Sue the Party that has Harmed You
Your right to sue for an act of assault and battery is based on the fact that you suffered harmful or offensive contact as a result of another party’s actions. The contact, by the way, does not need to be extreme in order to constitute a criminal act. This is important to note in cases of cell phones being grabbed or knocked out of someone’s hand, where the perpetrator may not intend to cause serious harm. What matters is the willful act of inflicting physical force on someone without their consent, or without legal justification, such as self-defense.
As you can see, there are many complexities in the law that you may not be aware of. You may also have concerns regarding who you can sue if the incident took place on someone else’s property. Can I sue the store or the location, or can I only go after the person that slapped the phone out of my hand?
Sometimes, a third party can be sued for a victim’s injuries if they had a duty of care to ensure the safety of guests and visitors on their property. A common example is a patron that’s falsely accused of stealing by a store security guard. The patron is prevented from leaving while the police are called, so he pulls out his cell phone and starts recording the interaction between himself and the security guard. The security guard demands he put away the phone. When the patron refuses, he attempts to take the phone by force, which causes the patron to be injured while they tussle over the phone.
In this situation, the patron can sue the store or a third party company that the security guard is employed with under California’s law of vicarious liability. This is a relatively straightforward example, but many cases are much more complicated. Establishing liability in a case of assault and battery can be very challenging, so contact our lawyers to discuss your case during a free case review.
Compensation for Assault and Battery Victims
Victims with grounds for an assault and battery lawsuit are entitled to damages for the losses they’ve suffered. The losses you can recover may include:
- Medical expenses
- Pain and suffering
- Lost wages
- Emotional distress (anxiety, insomnia, and other mental-health issues)
- Property damage
- Legal fees
- Punitive damages
Don’t worry if some of these terms are unfamiliar to you. When you contact us, we will connect you with a lawyer that can help you with all your questions and concerns.
Assault and Battery Claims: Average Case Value
In order to determine what you case is worth, we must examine many factors that are specific to your attack. The types of injuries you’ve suffered, how they’ve affected your life, and the level of negligence by the at fault party are the most important elements. Settlements on the lower end may be around $50,000 or lower, while moderate injury claims may be worth around $100,000 to $500,000. Injuries, by the way, include psychological damage, which can be extreme when someone believes that they are in imminent danger due to a threat or use of physical force. You may also be eligible for punitive damages, which is additional compensation that’s awarded in cases of gross negligence. These damages, which are meant to serve as a punishment to the defendant, may add $1million or more to your settlement.
In short, there is a lot of ground to cover when it comes to the valuation of an assault and battery lawsuit. Call us right away so that we can sit down with you and go over the essential elements in your case.
How long does it take to Settle an Assault and Battery Lawsuit?
The settlement process varies greatly for these cases, due to the number of complications that can come up during the lawsuit process. It’s possible to settle a case in just 30 days, though most cases take longer – usually around 6 to 12 months when assault and battery is involved. If court intervention is necessary, meaning the other side is unwilling to negotiate a fair settlement, the process of recovering your payment can take 2 or more years.
Filing Deadline for Cases of Assault and Battery
As a general rule, the statute of limitations for assault and battery cases in California is two years, starting from the date you were injured. However, it’s best to contact a lawyer right away while the memories are still fresh in your mind. It’s also easier to collect evidence and speak to witnesses right after your incident, which are critical steps to winning your case. To give yourself the best chance of a favorable settlement, don’t wait to take legal action on a lawsuit for assault and battery.
Legal Representation from the Lawyers of Normandie
As a victim of violence, you have the right to demand compensation from the party that has harmed you, but getting justice is easier said than done. The truth is, civil lawsuits are complicated, and most plaintiffs often find themselves overwhelmed by the legal process. The assault and battery lawyers of Normandie are here to guide you through every stage of your claim. We’ll take care of fighting for your settlement, so that you can focus on recovering from your injuries.
Our lawyers also provide second opinions on active lawsuits if you have doubts about your lawyer’s recommendations, or feel like your case is not getting the time and attention it deserves. This is a free consultation with no obligation to switch lawyers or follow through on any of our advice. Our job is to offer legal options based on our many years of experience, and let you decide for yourself on the best course of action.
All our services are free to you as the victim of another party’s negligence or misconduct. We are committed to waiting until the end of your case to recover our fees. If we don’t win your case, you pay us nothing, thanks to the Zero fee guarantee. If you’re ready to consult one of our attorneys, contact our law firm and schedule a free case evaluation.
Other Pages on Our Website Related to This Topic
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