« on: September 03, 2006, 08:57:55 AM »
Harmful or offensive contact can come about directly or indirectly, so direct is simple, you're just punching someone etc. Indirect is what we are talking about here. So lets look at the elements. Intent, + harmful or offensive contact + causation = damages.
Intent is described as a volitional action where the actor intended the harmful or offensive contact OR was it was substantially certain it would occur.
I would think that digging a trap for someone, even if it was a remote and slightly used trail would create a substantial certainty someone would fall in it. Plus he intended the damages. They were indirectly caused by the actor. Indirect damages are easier to figure out if you say put a laxative in someone's drink unknowingly. That's a pretty obvious harmful contact.
This is a battery. He acted with malice so he'd be liable for actual and punitive damages. As well as criminal sanctions if the state chose to proceeed.