According to a recent report from Wood TV, a man was injured after his girlfriend allegedly attacked him without a mounted fish. Authorities say the alleged assault took place just before 2 a.m. early one Sunday morning. At the time, the 61-year-old complaining witness was apparently drawing a sketch of the mounted sailfish hanging on his wall, when his 58-year-old girlfriend came into the room and moved the fish, because she was angry for some reason not mentioned in the reports.
At this point, the fish fell and broke as the girlfriend was leaving the room. She returned a short period of time later and blamed her boyfriend for the broken fish. She then allegedly picked up the broken fish and smashed him over the head with it and stabbed him in the hand with the fish’s pointed bill. This resulted in a potentially serious cut to his hand. Police and first responders were called to the scene. The man was treated for his injuries. The police determined the couple had allegedly been driving around at the time of the assault with the fish. They did not, however, place her under arrest at the time they were at his house because of some undisclosed health issues. Prosecutors say the will review the case and see if they will charge her with any crime at a later date. It should be noted that she has not been formally accused of any crime at the time of writing this article.
When we think of personal injury cases in Greenville, we are normally thinking of cases involving some type of accidental injury. This can include a slip and fall, car accident, traumatic brain injury, or any number of other types of accidental injuries. First, it should be noted that many of these accidents are not really accidents, as they are actually someone else’s fault and could have been prevented; however, we still tend to use the term accident.
Regardless of the terminology used, these types of torts are called negligent torts under the law. In other words, most personal injuries we think are or are filed under a theory of negligence. However, in addition to personal injury claims filed under a theory of negligence, there are also what are known as intentional tort cases. Intentional torts include assault and battery, wrongful imprisonment (kidnapping), intentional infliction of emotional distress (IIED), and conversion (theft), to name a few.
The difference between an intentional tort and a negligence tort is the mental state or intent of the tortfeasor (defendant) at the time of committing the tort. If the tortfeasor is acting with a disregard for the safety of others, but not intentionally trying to hurt anyone, this is a negligence case. For example, if a person is using his new hunting bow to shoot at targets in the backyard but does not make sure there is an appropriate backstop, and an arrow goes into the neighbor’s yard and injures someone, this is negligence. If, on the other hand, that neighbor takes his new bow, aims at this neighbor, and fires, that is an intentional tort of battery and possibly assault. Attacking someone with a mounted fish could be an intentional tort.
Contact our Carolina personal injury lawyers at Lee Law Offices today by calling 800-887-1965.
Man injured after being attacked with a fish, November 1, 2015, Wood TV, by News Desk
More Blog Entries:
Hayes v. City of Plummer – Recreational Use Statute in Premises Liability, Oct. 15, 2015, Asheville Injury Lawyer Blog