Consent: A Defense to Intentional Torts

When an individual alleges that a person inflicted an intentional tort upon him (battery, assault, etc.), the person that allegedly hurt the plaintiff can raise the defense of consent. The defense of consent is based on the idea that if a person consents to an activity, there can be no harm.

The defense of consent can get an individual out of liability for intentional torts but not for injuries based on negligence. The intentional torts require that the defendant intend to do something to the plaintiff. This can be to make harmful or offensive contact (battery) or cause fear or apprehension of the contact (assault) but there must be intent on the part of the defendant. Negligence does not have intent as part of the prima facie case.

Because the person must intend to do something to a person in order for an intentional tort lawsuit to proceed, an individual whose victim consented to something can raise the defense of consent in order to avoid liability. For example, if Person A asks Person B to hit him or her to see how easily he or she bruises, Person A can sue Person B for battery but Person B can raise the defense of consent pretty easily.

Consent is designed to prevent liability in a case where a person agreed to something and then changed his or her mind after being injured.

Contact a Chicago Personal Injury Lawyer

If you have been the victim of battery, assault, or some other intentional tort, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200 to discuss your case and to determine if there are legal options available.