Caption:

Garratt v. Dailey
Washington Supreme Court, 1955

Type of Action:
Action for battery by an infant

Facts:
Brian Dailey, who is five years, nine months was visiting Naomi Garratt, who is an
adult and the sister of the plaintiff, Ruth Garratt Dailey moved a chair that plaintiff
was going to sit in. Plaintiff fell and broke her hip.

Procedural History:
Superior Court denied motion for a new trial. Plaintiff appeals.

Contentions of the Parties:
Plaintiff contends that regardless of his age, Dailey's action constituted battery.
Defendant contends that Dailey had no knowledge that the plaintiff would try to sit
down. No battery can thus be established.

Issue:
Whether or not an individual can be held liable for battery if they lack the
knowledge that their actions will result in harmful or offensive contact.

Holding:
Yes

Rationale:
Intent can be implied

Rule:
Intent for battery can be implied when the defendant has knowledge that their
action will result in a harmful or offensive contact.

Result:
Remanded for clarification on what defendant knows or does not know.