Summary of Garratt v. Dailey
Defendant was 5 years old, outside with Naomi Garratt when Plaintiff Ruth Garratt came outside into the backyard to talk with Naomi. When the plaintiff went to sit down, the 5 year old took the chair out from underneath her. The plaintiff suffered from a broken hip and other injuries and damages.
Did the defendant know with substantial certainty that contact would result?
Trial Court- No.
Appellate Court- Remanded case with instructions.
Trial Court- Yes.
Rule of Law:
It is not necessary to prove intent to injure or to play a prank or embarrass the plaintiff to be liable. If the defendant behaved with substantial certainty that contact would result than battery occurred.