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Is it possible to sue a person if they shave your head while your sleeping or anytime?
Most likely. If not sue atleast press charges.
Another member here mentioned that he won a court case (or something) because a person coming towards your head with a sharp ob ject is considered assault.
That "Ball" Guy
www.thatballguy.com
Ill have to remember that "sharp ob ject" bit in case I ever get shon in my sleep. :D
i dunno about you, but if someone walks in the room i wake up, certainly if someone got on the bed and gave me a haircut i would wake up.
I could sleep through a hurricane, nothing wakes me up! I wake up when my body tells me to, no one else!
Yes, you can sue for a battery (a harmful or offensive touching). Unfortunately, you wouldn't be able to sue for assault since you must be aware of an imminent harmful or offensive touching creating apprehension in you. If you were asleep, you would not have the "apprehension" element necessary for an assault.
You also might be able to sue for Intentional Infliction of Emotional Distress. However, you would need to show 'severe' mental distress and 'extreme and outrageous' conduct on behalf of the actor (the person cutting).
I'm not an attorney, but I agree that it is battery, a crime that the attacker can go to jail for.
Once the attacker is convicted or plea bargained for the crime, then it's easier to sue in civil law.
It's easy to get confused between a tort (a civil wrong that you can sue for damages for) and an offence (a violation of the criminal law that carries a fine and/or incarceration). I think you yourself are clear about the difference, but your reply might be confusing.
In this case you have _both_ a tort and an offence, and in some jurisdictions the civil tort and the criminal offence go by the same name, or almost the same, thereby adding to the confusion.
Fitmus is about to graduate from law school I beleive, and gave a very good answer to the question that was asked, which was only about the civil tort. I am not a lawyer either, but I agree that pressing charges first and then suing after conviction is the way to go here.
I don't know if this is something that has just happened, or just a threat or a potential worry. However, if it does happen you can really hang them out to dry, provided you have evidence, that is the key. The standard of evidence is only a balance of probabliities for the civil case, but beyond a reasonable doubt for the criminal case.
All this only applies in countries where the law is based on the common law of England, which does include the US, but we can't just assume a particular country when we are on the Internet.
If someone tried to shave my hair when I was sleep I would take their scissor and shove them up their a**
hell ya...or charge them for assult.
A teacher was fired here for cutting a students' hair with a pair of scissors during class. The teacher said they did it as a joke...guess the joke was on them.
I don't know the details, the story was told to me by another teacher.
Yes. You not only should be able to recover damages by suing them in a civil case, you can also press criminal charges and probably get them jail time.
I am not a lawyer, but the civil tort is battery, and in the UK the criminal offence would be assault and battery. This would be both a civil tort and a criminal offence in any common law country (UK, US, Canada, etc) and probably in other places too, no matter what it is called.
