Is it Legal to Fight? What Mutual Combat Laws Say About Liability for Injuries

Here’s what the law says about liability for personal injuries caused by fighting. You may be eligible for compensation even after a “mutual combat” altercation.

If you’re badly injured in a physical fight caused by someone else, you have a right to expect compensation for your medical expenses, lost wages, and pain and suffering.

Even when both parties consent to the fight, one or the other may be liable for injuries, and both fighters may be arrested for brawling.

Here’s what you need to know about injury claims for unprovoked fights and mutually agreed upon hand-to-hand combat.

Hand-to-Hand Fighting is Almost Always Illegal

Almost every jurisdiction in the United States bans physical combat, whether a street fight, bar brawl, or domestic violence. Criminal charges may range from disturbing the peace or disorderly conduct to assault and battery.

Keep in mind, if you were fighting in self-defense, you will likely be exempt from criminal prosecution.

Only two states, Texas and Washington (in some municipalities), have laws that decriminalize fights with certain conditions, mainly when both fighters consent to engage in an unarmed physical confrontation. While the “mutual combat” fighters may escape criminal prosecution, they may still be liable (legally responsible) for civil injury damages.

Neither Texas nor Washington state condone fights that result in serious bodily injury.

Texas law provides a defense for the parties in an agreed-upon fist fight:

CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT. (a) The victim’s effective consent or the [other fighter’s] reasonable belief that the victim consented to the [fight] is a defense to prosecution under Section 22.01 (Assault), 22.02 (Aggravated Assault), or 22.05 (Deadly Conduct) if:

(1) the conduct did not threaten or inflict serious bodily injury; or

(2) the victim knew the conduct was a risk of:

(A) his occupation;

(B) recognized medical treatment; or

(C) a scientific experiment conducted by recognized methods.

(b) The defense to prosecution … is not available to a defendant who commits an offense described by Subsection (a) as a condition of … the victim’s initiation or continued membership in a criminal street gang, as defined by Section 71.01.

Seattle code suggests fights are only punishable where bystanders might be harmed:

A. It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of:

1.Injury to a person who is not actively participating in the fight; or

2.Damage to the property of a person who is not actively participating in the fight.

Compensation Sources for Fight Injuries

Unfortunately, most people don’t carry insurance for fights. Insurance companies certainly don’t offer insurance to cover acts of intentional violence.

Depending on the circumstances of the fight, the laws in your state, and the way insurance policies are written in that state, you may be able to file your injury claim with the aggressor’s home or auto insurance policy.

Workers’ Compensation for Fights at Work

No matter what kind of job you have, there is always a risk of being assaulted at work. Unless you started the fight, your medical expenses and part of your lost wages should be covered by worker’s comp. In extreme cases, you may be eligible to also collect from your employer’s liability insurance carrier.

If you’re in a protected class of workers, such as police officers, firefighters, emergency medical providers, and hospital staff, in many states the person who punched, bit, or slapped you will be automatically facing felony assault charges.

Underaged Child Fights at School

In a recent survey, nearly one in four students admitted to being in a physical fight on school property one or more times in the last 12 months.

Considering how many children end up in fights coming and going from school, at school events, and in the community, the numbers of children involved in physical fights are much higher.

In some circumstances, the aggressive child’s parents may be financially liable for the fight victim’s injuries.

Filing an Insurance Claim

If you’ve recovered from mild, soft-tissue injuries like a black eye, bruises, or some sprained muscles, you can probably go through the normal claim process directly with the insurance company.

Figure out a reasonable settlement amount by adding the cost of your medical bills, out-of-pocket expenses, and lost wages. Add one or two times that amount for pain and suffering. Send your settlement demand in writing with copies of your bills, receipts, and other evidence.

If you’ve been severely injured in a fight, or your attacker isn’t the only liable party, you’ll need an experienced personal injury attorney to get the compensation you deserve.

Injury Lawsuits For Serious Bodily Harm

Unprovoked fights can leave victims with serious injuries like brain trauma, spinal cord damage, broken bones, permanent disfigurement, internal bleeding, and other “hard” injuries.

Severe injuries are high-dollar claims. You can bet that any guilty party with deep pockets will have an army of lawyers and experts to keep you from winning your case.

An attorney will help you win complicated cases, especially when the person who hurt you isn’t the only one at fault for your severe injuries.

Case Example: Concert Promoter Sued for Fight Injury

Jason McNeil and his wife were enjoying a summer concert in New York when he was approached by Craig Lawson, who punched McNeil in the head without warning. The blow knocked McNeil out cold, and his head slammed into the hard ground when he fell.

McNeil suffered a catastrophic brain injury that left him permanently disabled.

Lawson was arrested and convicted for the assault. However, McNeil’s family learned that Lawson had already been kicked out of the concert for fighting with someone else before he came back in and punched McNeil.

McNeil’s family hired an attorney to file a lawsuit against the concert promoter, the security company, and other businesses involved in the event. Their complaint alleged the companies were negligent for lax security and poor crowd control, allowing Lawson to get drunk at the concert, and letting him back in when he’d already been escorted out for fighting.

The lawsuit asked for $150 million in compensatory and punitive damages.

Small Claims Court

The person who started the fight with you may not have insurance, or their insurance may not have applicable coverage. To make your attacker pay out of pocket for your damages, you’ll need to take legal action.

Depending on the amount of your damages, you can file a small claims lawsuit against your attacker. In your suit, you can request compensation for your actual damages and your pain and suffering up to the small claims court’s monetary limits.

If you win your small claims case, the court can order the attacker to pay you. If your attacker doesn’t have enough money, you can still file and enter the court’s judgment in your county’s records department. You may even be able to garnish the attacker’s wages.

Crime Victim Compensation Funds

If you’ve been badly injured in a fight, the attacker may already be in jail. After an assault, you will likely be burdened with medical bills, lost wages, and other related expenses. Sometimes criminal penalties include orders requiring them to pay restitution, a little at a time. You may see a little money coming in, or you might not see a dime.

You don’t have to rely on the attacker’s ability to pay to get the help you need. Crime victim compensation programs help victims of violent attacks and may be able to provide you monetary assistance.

Contact your State Crime Victim Compensation Board for more information, application deadlines, and compensation benefit details.

Understanding Injury Laws and Fight Claims

After a fight, you’re entitled to pursue your attacker for compensation for your damages, meaning your medical expenses, lost wages, ruined personal items, and an amount for your pain and suffering.

Before you see a penny from an insurance claim or a lawsuit, you’ll have to prove:

  1. The other person started the fight for no good reason
  2. The other person caused your injuries
  3. You did not contribute to your injuries
  4. You can verify your damages

“Culpability” means fault or guilt. You must show the attacker, and no one else, was the person responsible for starting the altercation. Your attacker must have struck you without legal cause. In other words, you were struck for no good reason.

Case Example: Attacked Without Cause

Jeff was at a football game, cheering on his team, when Mike began to make derogatory remarks about Jeff’s team. Jeff ignored Mike. Mike’s derogatory remarks escalated, but Jeff continued to ignore them.

Finally, Mike reached out and punched Jeff. Within seconds, Mike and Jeff were fighting.

In this case, Mike was culpable. He was clearly the person who started the fight. Mike had no good reason to attack Jeff and Jeff didn’t contribute to his injuries.

Common Defenses Against Fight Charges

There are ways the other person can try to turn the tables and blame you for the fight. To succeed in a personal injury claim against your attacker, you’ll need to overcome their defenses.

To defend themselves, the attacker or their attorney may argue:

  • Self-defense: You struck or intended to strike the attacker first.
  • Defense of a third party: They hit you to protect someone else because you were assaulting another person, or there was a credible threat you were about to harm another person.
  • Defense of property: They only struck you to prevent you from taking or destroying their property.
  • Consent: You agreed to the fight or joined a fight club. You knew or should have known as a result of your consent to fight, there was a possibility your attacker might strike first and injure you.
  • Contributory negligence: They will say you contributed to the attack because of your drunkenness or an unreasonable provocation. They may also argue you weren’t badly hurt and your behavior, like delaying medical care, made your injuries worse than they otherwise would have been.

Contributory and Comparative Negligence

Most states have modified comparative fault rules that give injury victims the right to compensation, even when they share some of the blame for causing the fight, although your compensation can be reduced to account for your share of blame.

In Alabama, Maryland, North Carolina, Virginia, and the District of Columbia, the insurance company can use pure contributory negligence rules to flatly deny your claim if they think you are even one percent to blame for your injuries.

Evidence to Build a Fight Injury Claim

A strong and convincing injury claim starts with gathering good evidence to prove culpability, direct cause, liability, and damages. Begin collecting and organizing your claim records at the scene of the fight.

Police Reports

If you were in a fight initiated by another person, call the police. There’s nothing more valuable than a police report blaming your attacker, especially if the attacker was arrested at the scene.

When law enforcement arrives at the scene, they will likely separate you from your attacker. The officers do this not only to eliminate further fighting but also to question each person independently. If there were multiple parties involved in the fight, police will question them, too.

The police will closely examine your injuries and those of your attacker. This helps them determine the type and severity of the aggression. If the injuries appear serious, they’ll call the paramedics. They will question witnesses to the fight. This is often challenging because witnesses tend to take the side of their friends, regardless of fault.

Finally, the police determine whom they believe is at fault and may make an arrest. The investigating officer enters all the information they gathered into their report. The official police report is a goldmine. You can purchase a certified copy from the police or sheriff’s department for a small fee.

Witness Reports

Witnesses are invaluable. Finding independent witnesses who were at the scene of the fight and who aren’t your friends or family are the most helpful to your case.

Insurance companies view testimony from your friends and family as biased in your favor. It’s amazing how two sets of witnesses can have completely different descriptions of events.

When you find a witness helpful to your claim, ask the person to write down exactly what they saw and how the fight began. Use any paper you can find. Be sure to have the witness sign and date their statement.

Photographs and Videos

These days, with YouTube, Facebook, and other social media, someone can upload a video of just about any event in seconds. While speaking with witnesses, try to find one or more who recorded the fight.

A clear video can vindicate you, dispel your attacker’s claims you instigated the fight, and refute arguments that they had good reason to hit you.

Photographs are also excellent tools. They’re especially helpful to show the type and severity of your injuries and those of your attacker. Because it takes time for some injuries to show up, take photos of your injuries at the time of the fight, and throughout your recovery period.

Surveillance Camera Footage

Security cameras are everywhere, inside and outside all manner of businesses and public venues. Contact the owner or manager of any property with surveillance cameras in the general area where the fight occurred. Ask them to preserve all footage from the day you were attacked.

Footage of the attacker approaching you and striking you can be invaluable. Equally important is any footage of the nearby area that may have captured your attacker’s behavior before the fight or as they fled the scene.

Proof of Damages

Without proof of real damages, there’s no compensation. You can’t succeed in a personal injury claim just because you’re upset about being slapped. Insurance companies don’t pay on anger or frustration claims. They only pay for tangible evidence of damages.

Proof of damages includes copies of your medical records, your medical and therapy bills, and receipts for your out-of-pocket expenses for medications, bandages, and other related expenses.

Additional proof includes a written verification from your employer detailing the dates and hours you were absent from work and the wages you lost while recovering.

Fight Injury Claim Questions