Protect your business from the actions of employees who may cause Bodily Injury and Property Damage by alleged acts of Assault and Battery, a term which sounds violent, but can actually refer to milder acts. Generally, an assault is an act which creates fear of an imminent battery, and battery is an unlawful touching.
Assault
- Intentional, unlawful threat or "offer" to cause bodily injury to another by force
- Act that produces a well-founded fear of imminent peril in the other person
- Apparent present ability to carry out the act if not prevented
Battery
- Willful, intentional touching of a person against their will
- Touching with object or substance put in motion by another person
- Offensive touching can be battery even if it doesn’t cause injury, or could not reasonably be expected to cause injury. Example: an employee who emphatically pokes a patron in the chest with an index finger to emphasize a point could be culpable for battery.
Bars and Clubs
Although most standard Commercial General Liability policies do not exclude these claims, many carriers will attach specific exclusions for businesses like bars or dance clubs where confrontations between employees and patrons may be more likely to occur.
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