CMG has reviewed nearly a 1000 assault cases ranging from police brutality to negligent security in apartment buildings.  Each of these cases that received lawsuit money from CMG, resulted in some level of injury.  However, none of these cases involved a superhero.  Yes… a super hero!

There is apparently a superhero movement afoot in America.  Salt Lake City has the Black Monday Society, Seattle has the Rain City Superhero Movement and the national Real Life Superhero Movement has taken cities like New York and Orlando by storm.  These groups claim to be “marketing good deeds,” says Peter Tangen who is a consulting producer of the documentary “superheroes.”

When does a good deed go wrong and become assualt?  According to ABC News:  Phoenix Jones, who has been unmasked by police as Benjamin Fodor, was arrested about 2:30 a.m. Sunday while still wearing his black and gold superhero costume, a bullet-proof vest and carrying two cans of pepper spray. Fodor is a member of Rain City Superhero Movement, a group of self-proclaimed superheroes who say they patrol the streets to fight crime. He was charged with assaulting two people who police said were “dancing and having a good time” as they walked to their car.

How do you prove an assault claim? According to litigationlawfirms.com, in proving a civil assault claim, the plaintiff typically has two routes to prove the basic elements of assault.

• The Defendant acted, intending to cause harmful or offensive contact, and
• That the Plaintiff reasonable believed that he or she was about to be touched in a harmful or offensive manner.

In addition to the above elements being proven, each require that the Plaintiff did not consent to the Defendant’s conduct, that the Plaintiff was harmed, and that the Defendant’s conduct was a substantial factor in causing the Plaintiff’s harm.

We will see how this case is handled in court.  I am sure that it will get a lot of coverage.

If you or somebody you know has been involved in an assault lawsuit, call us at 1-800-264-2274 or apply online at the top of this page for a free funding review!