Elements of Nevada's Theories of Liability

Assault

Assault

Elements

  • The tort of “assault” occurs if a person acts with intent to cause another harmful or offensive contact, or another person apprehends imminent contact.
    In re Bradshaw, 315 B.R. 875 (Bkrtcy.D.Nev., 2004).
  • In tort law, an assault is defined as “the threat or use of force on another that causes the person to have a reasonable apprehension of imminent harmful or offensive contact; the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit battery.”
    Black’s Law Dictionary, 122 (8th ed.2004).
  • An assault occurs when a plaintiff causes a defendant to feel apprehension of harmful or offensive contact.
    Prosser and Keeton on Torts, §10 at 43 (5th ed. 1984).

Example Cases

Proof

Damages

Defenses

  • CONSENT: By seeking chiropractic treatment, Bronneke’s consent to the particular technique may be implied because “[a]s a practical matter, health professionals cannot be required to obtain express consent before each touch or test they perform on a patient.”
    Bronneke v. Rutherford, 120 Nev. 230, 234, 89 P.3d 40, 43 (2004).
  • DEFENSE OF PROPERTY: NRS 651.020 provides: “Every owner or keeper of any hotel … in this state shall have the right to evict from such premises anyone who acts in a disorderly manner … or who causes a public disturbance in or upon such premises.” A proprietor is permitted to use reasonable force to eject a trespasser.
    Billingsley v. Stockmen’s Hotel, Inc., 111 Nev. 1033, 901 P.2d 141 (1995) (citing Walker v. Burkham, 67 Nev. 541, 570-74, 222 P.2d 205, 220-21 (1950)).

Misc