If you are walking down the street head down texting and you bump into someone, have you committed a battery?

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If you are walking down the street head down texting and you bump into someone, have you committed a battery?

Asked on December 4, 2011 under Criminal Law, Louisiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

From a legal definition of "battery", the mere walking down the street while texting and bumping into someone does not consitute a battery from a criminal or civil standpoint.

The reason is that a "battery" is a harmful and intentional offensive touching of another person." The mere walking down the street while texting and accidentally bumping into another person does not constitute an intentional act. Negligence "yes", intentional act "no" unless there was intent to actually bump into someone while texting and not paying attention to business.


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