Would my daughter be charged with battery also?

[derring1]

My daughter works at a theme park in Texas. She was recently at work when a guest asked her to hold his basketball while he rode the ride. While she was holding the ball a coworker slapped the ball out of her hands, hitting her chest and stomach. She instinctivly threw her arm back and hit him in the chest. He told her that he was going to get her back. She later went to the back for a drink of water, he followed her there. He pushed her into a corner, held her arm down and hit her in the upper arm. She brought her arms up and as she did he hit her again in the arm. She ran out of the back area crying. Her other coworkers asked her why she was crying and she told them what happened and showed them the red marks on her arm.
She is 17yrs old, I don't know the age of the boy. We are planning on going to the police department tomorrow to file charges. I am concerned though, that she would also be guilty of battery since she hit him. Incidentally, she was terminated from her job, because this was considered "horseplay".

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

1. He slapped the ball out of her and she was hurt: Battery. He is gulty if it was harmful/offensive touching.

2. She hit him -- she is guilty if it was harmful/offensive touching.

3. In the back --> what he did was both Assault (causing apprehension of harmful/offensive touching) and battery (the actual touching).

File the police report. sue him civilly. Ask the witnesses to put in their witness statements as to redmarks on your daughter's arms. (DUE ALL THIS WITH A PERSONAL INJURY ATTORNEY).

As to the theme park: did they terminate him? I suggest you let them know what he did. Sue them for wrongful termination and see where that takes you. Your daughter was not horseplaying but protecting herself. At least, that is what the facts as you have written them, tell me.

Hope this helps.