Question
Paula attended a music festival this past summer. She and her friends were in a crowd of other festival goers enjoying one of the performances.
Paula attended a music festival this past summer. She and her friends were in a crowd of other festival goers enjoying one of the performances. It was a very hot day, the sun was out with no shade to break the heat. During the performance, Dan, another festival attendee was walking around with his friend Dave and a bucket of water balloons. Multiple people in the crowd began hollering at Dan to "cool them off" and throw water balloons at them. Dan happily obliged. He came across Paula and her friends and began gesturing toward Paula as if to ask if she also wanted a water balloon. She shook her head no and waived Dan off. Dan said "Come on it's 100 degrees out!" He then, gently tossed a water balloon at Paula. The water balloon hit her forehead and broke. She jumped backwards. As she did a necklace she was wearing flew off, fell to the ground, and broke. Paula was very upset. Dan attempted to apologize and help fix the necklace, but it could not be repaired.
In Paula's state, the civil tort of battery is defined as:
An uninvited contact with another person which is harmful or offensive and causes some measure of damages.
Does Paula have a civil claim for battery against Dan?
ISSUE:
RULE:
ANALYSIS:
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