Legal Question in Personal Injury in Pennsylvania
Personal Injury Case
What is consent to assault
Asked on 6/05/09, 4:51 pm
1 Answer from Attorneys
Solomon Weinstein
Solomon Weinstein, Esquire
Re: Personal Injury Case
I do not have sufficient information to respond in the context of what your case may be. In civil law matters an assault of a person is an offensive touching of some kind. It is an intentional tort.
Consent is a possible defense to claim of assault. If the person who was allegedly assulted gave consent it operates as a defense. For example if two individual engage in a fight in a consensual matter then the one who suffers injuries may have his claim denied because he consented to the fight and can not now claim he or she was injured. However with the facts of your particular case it is impossible to ascertain whether the doctrine applies.
Answered on 6/05/09, 5:18 pm