Legal Memorandum: Claim of Battery in VA

Issue: Under Virginia law, what are the elements for a claim of battery?

Area of Law: Litigation & Procedure, Personal Injury & Negligence
Keywords: Claim of battery; An unwanted touching
Jurisdiction: Virginia
Cited Cases: 265 Va. 12; 574 S.E.2d 258; 561 S.E.2d 682
Cited Statutes: None
Date: 02/01/2015

“The tort of battery is an unwanted touching which is neither consented to, excused, nor justified.”  Koffman v. Garnett, 265 Va. 12, 16, 574 S.E.2d 258, 261 (2003) (citing Washburn v. Klara, 263 Va. 586, 561 S.E.2d 682 (2002)).


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