Legal Question in Personal Injury in Oklahoma
injury in a fist fight
Two people started to argue at a party, and both agreed to settle the dissagreement outside. Person A pushed Person B three times, each time telling Person B to hit him. After the third push, Person B hit Person A, and a fight ensued. After the fight, Person A had a damaged tooth among other small injuries. Person A wants to have Person B pay for the cost of fixing the tooth.
Would Person B be liable to pay for the fixing of the tooth?
Should Person B pay for it, or should they take it to court?
1 Answer from Attorneys
Re: injury in a fist fight
If the evidence presented at trial matches with what your post stated then "B" would have a defense to a battery claim. "A" cannot invite "B" to hit him and then complain about an injury. Mutual combat cases generally implies that each party consents to being struck by the other and therefore there is no battery as battery is defined as a harmful or offensive touching without consent of the party touched. If a claim is made in court "B" should contact his home insurance company to see if there is insurance coverage.
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