Battery, Assault and Other Intentional Acts

Mississippi has very good civil case law for cases involving injuries caused by battery and other intentional torts. In most cases where an injury has occurred and negligence is alleged, the outcome turns on two questions for the jury: whether the defendant was negligent and how much the claimant and other defendants contributed to the injury. In intentional tort cases, however, the contribution aspect drops out completely, and that distinction matters enormously for how a case is tried.

Why Comparative Fault Does Not Apply to Intentional Tort Cases in Mississippi

This principle is grounded in a strong line of Mississippi cases, best summarized in Graves v. Graves, 531 So. 2d 817 (Miss. 1988):

The authorities in this state and elsewhere are unanimous in declaring that the defenses of contributory or comparative negligence have no application to cases of intentional tort such as assault and battery. The doctrine of contributory negligence does not apply to an action to recover damages for an assault and battery.” 6 Am.Jur.2d Assault and Battery § 153 (1964). “Where the defendant’s conduct is actually intended to inflict harm upon the plaintiff, there is a difference, not merely in degree but in the kind of fault; and the defense never has been extended to such intentional torts. Thus [contributory negligence] is no defense to assault or battery.” Prosser & Keeton, The Law Of Torts, 462 (5th ed.1984). See Jackson v. Brantley, 378 So.2d 1109, 1112 (Ala. App. 1979) (“It is elementary that contributory negligence is no defense to an intentional wrong.”).

Graves v. Graves, 531 So. 2d 817, 820 (Miss. 1988)

Can a Defendant Use Your Past Behavior Against You in a Mississippi Assault Case?

This is one of the most important practical questions that follows from the rule above. If comparative fault is off the table, what evidence should even be allowed in front of the jury?

Evidence of a claimant’s prior wrongful acts or poor decisions should generally be excluded under MRE 401, which requires that evidence tend to make a fact of consequence more or less probable than it would be without that evidence. Where comparative fault is not at issue, that prior conduct simply has nothing relevant to prove. And even where a court finds some marginal relevance, MRE 403 provides an additional filter — the high probability that a jury will use such evidence unfairly is precisely the kind of prejudice the rule is designed to guard against.

That said, there are situations in an intentional tort trial where a claimant’s history may legitimately come into play. Self-defense is the clearest example, where the circumstances leading up to the act are directly relevant to a recognized defense. Such evidence may also be appropriate during the punitive damages phase of the trial. Outside of those contexts, however, a court would be well within its authority to shut down these lines of inquiry under MRE 402 and 403 before they have a chance to distract or mislead the jury.

What Mississippi’s Intentional Tort Law Means for Assault and Battery Victims

In plain English: if someone intentionally hurts you, they can’t turn around in court and say “well, you were partly at fault too.”

Think about it this way. If two cars collide because both drivers were being careless, it’s fair to ask how much each driver contributed to the accident. But if someone walks up and punches you in the face, it doesn’t matter if you’d been rude to them earlier that evening, or if you’d made bad decisions that put you in that situation. They chose to hurt you. That choice is a completely different category of wrongdoing than simple carelessness, and Mississippi courts have recognized that difference for decades.

If you or someone you love has been the victim of an intentional act, a physical assault, a beating, or an attack, the person who hurt you cannot use your past behavior, your lifestyle choices, or anything else you may have done wrong as a shield against paying for what they did. Their lawyer cannot stand up in court and argue “the victim brought this on themselves.” Mississippi law simply does not allow it.

This is a powerful protection for victims. It keeps the focus of the trial exactly where it belongs: on what the defendant chose to do to you.

Who Can File a Civil Assault and Battery Claim in Mississippi?

Understanding this area of law is important for anyone who has been:

• • Physically assaulted or beaten
  • The victim of domestic violence
  • Attacked in a place of business, such as a bar fight or a parking lot assault
  • Injured by someone acting with road rage
  • Harmed by a bouncer, security guard, or someone in a position of authority who used excessive force

In all of these situations, you have the right to pursue a civil case, separate from and in addition to any criminal charges, and the defendant’s ability to deflect blame onto you is severely limited by Mississippi law.

Injured by an Intentional Act in Mississippi? Here’s What to Do Next

If you or a family member has been the victim of an assault, battery, or other intentional act, an experienced Mississippi personal injury attorney can help you understand your rights and pursue the full compensation you deserve. Because the law removes the defendant’s most common tactic, blaming the victim, these cases often put victims in a stronger legal position than they realize.

Contact our office today for a free consultation.