Legal Question in Civil Litigation in California

Transferred Intent

In regard to transferred intent if Person A throws a baseball at Person B and Person B ducks and the baseball hits an object like a computer monitor does transferred intent apply?

A would be liable for battery if the ball had hit Person B, But because ball hits object no battery occured, but transferred intent indicates that one intendes to do an act and inadvertinly another occurs than Person A is still liably for battery againgst Person C.

So the question is in a sinario were person C become an object do the elements of battery transfer to the object or are the elemtents of trespass to chattels applicable?


Asked on 9/20/02, 5:06 am

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Transferred Intent

Not only is Mr. A liable, but he has committed a crime and should go to jail (if Mrs. C was inujured). However, insurance does not cover intentional torts, so Mrs. C will probably not be able to find a lawyer willing to even talk to her because collection in these cases is almost impossible. Mrs. C may contact the Victims of Crime Fund in Sacramento to get money for her uninsured medical bills (she can get the address from the local District Attorney). As far as your questions regarding trespass to chattles and transferred intent, those are very interesting theoretical ideas--too bad we live in a society with a capitalistically driven legal system where those ideas have 0 value, except maybe on an episode of Star Trek.

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Answered on 9/20/02, 11:28 am


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