did you hear about this crazy news

[motive]

Invalid Link Removed

this pitcher has been known to throw in the mid 90's and threw a baseball about 20 feet away accidentaly hitting a fan instead of his target in the face!!!
i wonder how much the fan will get in court

 

[ReaperX]

If the pitcher did it on accident there will be no charges on assault or battery.

Under tort law:


Battery is:

-moved voluntarly
-intended to inflict harmful or offensive touching
-touched in a manner that caused some injury or would offend a resonable person's dignity



Assault is:
-Intended to wrongfully touch or threaten someone
-Acted voluntarily
-Person was aware of the threat of immediate harm



If it was accidental, neither situation would fall in either of those categories. Most certainly not assault, if anything battery.


However, the situation might fall under 'negligence' which is another tort law.



The media always messes these things up, but I don't expect much from them in terms of accuracy anyway.

 

[motive]

If the pitcher did it on accident there will be no charges on assault or battery.

Under tort law:


Battery is:

-moved voluntarly
-intended to inflict harmful or offensive touching
-touched in a manner that caused some injury or would offend a resonable person's dignity



Assault is:
-Intended to wrongfully touch or threaten someone
-Acted voluntarily
-Person was aware of the threat of immediate harm



If it was accidental, neither situation would fall in either of those categories. Most certainly not assault, if anything battery.


However, the situation might fall under 'negligence' which is another tort law.



The media always messes these things up, but I don't expect much from them in terms of accuracy anyway.

he intended to hit the coach of the other team and accidentaly hit a fan... intended assault just wrong victim.
either way hes screwed

 

[ReaperX]

hehe. yup.

 

[cynic]

If he intended to hurt anyone, no matter who he actually hurt he would still be liable under tort law. His intentional actions proximately caused the injury.