AN OSCARS LIKE NO OTHER

It was the slap heard around the world. Will Smith, actor and Oscar Nominee, walked on stage at the Academy Awards on March 27, 2022, and slapped Chris Rock, comedian and presenter at the Oscars, across the face. After going back to his seat, Smith then yelled at Rock to “keep his wife’s name out of his f—-ing mouth,” repeating the profanity before ending his physical and verbal tirade. The episode occurred after Rock made a joke about Smith’s wife, Jada Pinkett Smith, starring in a GI Joe 2 movie, an apparent reference to her shaved head (Demi Moore, the protagonist in GI Joe, sported a shaved head.) Pinkett Smith has spoken publicly about her struggle with alopecia, an autoimmune disease that causes hair loss, sometimes severe. Pinkett Smith did not seem pleased with the joke, and Smith’s actions toward Rock were, according to Smith, done out of love for his family. Approached by the police about the incident, Rock declined to press charges.

The audience, both the present and virtual one, was shocked. Perhaps even more shocking was the fact that Will Smith won the Oscar for Best Actor forty minutes later, and was given a standing ovation. In his acceptance speech, Smith apologized to the Academy and other actors, nominees and winners, but did not apologize to Rock for slapping him. Two days later, however, Smith made a statement about the incident on Twitter in which he did apologize to Rock.

The Academy held an emergency meeting to discuss the incident on March 30, 2022, and has since stated that it will announce its decision about the consequences for Smith’s actions by April 17, 2022. Smith resigned from the Academy by the end of the week.

CIVIL ASSAULT AND BATTERY

While Chris Rock chose not to press charges, and the Academy will announce “consequences” for the incident, there is still another way to hold Smith accountable for his actions. Filing a lawsuit for damages from civil assault and battery is one way to reinforce that actions like those taken by Smith have consequences.

In the realm of personal injury law, assault is a purposeful act by one person that creates a fear of imminent harmful or offensive contact in another. In legalese, an assault is known as an "intentional tort t " when it is made the subject of a civil case. Contrary to popular belief, assault does not always involve some type of physical contact, at least not when it comes to civil liability. The simple fear of a harmful or offensive touching is usually enough for an assault to have occurred; if the touching actually occurs, the physical contact is usually considered a "battery" in civil law, although both claims are often made together. In a personal injury civil case, the two essential elements of a battery claim are:

In most battery cases, the plaintiff's main task is to prove contact -- whether it was harmful or offensive and whether the defendant intended to cause contact will be inferred by the jury.

In Smith’s case, the audience and the video of the show can both corroborate that a battery occurred when Smith walked up on stage and slapped Rock. Furthermore, Smith’s shouted profanity at Rock might constitute a verbal assault. A verbal assault occurs when someone threatens another person with harm and has the apparent ability to carry out the threat. Smith shouting at Rock “to keep his wife’s name out of his f—ing mouth” could constitute a verbal assault (the threat of harm is implied, and Smith had just slapped Rock so he had the ability to carry out the threat). At the very least, it could be deemed verbal harassment.

DAMAGES

A person who is the victim of assault and battery can sue for compensatory and punitive damages. Compensatory damages are: compensation for medical costs incurred; lost income; and any property damage (ruined clothing, e.g.). Punitive damages can be imposed if the defendant has acted in a willful and egregious manner.

While most of us will not be at the Oscars—presenting or winning—many of us have unfortunately been victims of assault and battery. In order to determine whether the words and actions spoken/taken against you rise to the level of assault and battery, it is best to get the advice of a personal injury lawyer. A personal injury lawyer can evaluate the words and/or actions, consider the evidence, and determine whether a claim is actionable and what type of damages can be sought.

CONTACT YOUR ATTORNEY

If you have been the victim of an assault and/or battery, contact Dave Thomas at The Thomas Law Firm for a free evaluation of your claim.